Kayla Humphries v. Unemployment Compensation Board of Review

Summary

The Pennsylvania Commonwealth Court affirmed the Unemployment Compensation Board of Review's denial of benefits to Kayla Humphries under Section 402(e) of the Pennsylvania Unemployment Compensation Law. The court held that substantial evidence supported the finding that Humphries's repeated tardiness, after progressive discipline, constituted willful misconduct, and that any error in counting earlier tardiness incidents was harmless.

Holdings

1. Substantial evidence supported the Board's determination that Humphries committed willful misconduct by repeatedly reporting late for work after receiving warnings and progressive discipline, making her ineligible for unemployment compensation benefits.
2. Any error in the Board's calculation of the number of tardiness incidents was harmless because Humphries was still late more than the six incidents required to trigger the employer's written-warning threshold.
3. Substantial evidence supported the Board's finding that the employer imposed a one-day suspension in accordance with its progressive discipline policy.
4. The Commonwealth Court had exclusive jurisdiction to review the final order of the Unemployment Compensation Board of Review.

Questions Presented

1. Whether substantial evidence supported the Board's finding that Humphries committed willful misconduct by repeatedly violating the employer's attendance and tardiness policy.
2. Whether an alleged error in the Board's calculation of the number of prior tardiness incidents required reversal.
3. Whether the employer followed its progressive discipline policy when it imposed a one-day suspension.
4. Whether the Commonwealth Court had jurisdiction to review the Board's final order.

Disposition

affirmed