Marysol Reices v. Unemployment Compensation Board of Review

Summary

The Pennsylvania Commonwealth Court affirmed the Unemployment Compensation Board of Review’s denial of benefits to Marysol Reices under Section 402(e) of the Pennsylvania Unemployment Compensation Law. The court held that substantial evidence supported the finding that Reices was discharged for willful misconduct after failing to immediately report a felony arrest in violation of her employer’s policy. The court also rejected arguments based on capricious disregard of evidence, mental illness, remoteness, and the employer’s failure to impose lesser discipline.

Holdings

1. The Board did not capriciously disregard evidence by finding that Reices was discharged for violating the employer's policy requiring immediate reporting of arrests. The record contained substantial, competent evidence that the policy violation was one of the reasons for discharge, and the additional consideration of the OAPSA did not conflict with that finding.
2. Reices's failure to report her felony arrest for approximately 21 months constituted a deliberate violation of a known employer policy and supported denial of unemployment compensation benefits for willful misconduct.
3. The remoteness doctrine did not preclude denial of benefits because the employer's delay in terminating Reices was neither substantial nor unexplained.
4. The employer was not required to impose progressive discipline or a sanction less severe than termination for Reices's violation of the arrest-reporting policy.

Questions Presented

1. Whether the Board capriciously disregarded evidence by finding that Reices was discharged for violating the employer's arrest-reporting policy rather than solely because of the employer's application of the Older Adults Protective Services Act.
2. Whether Reices deliberately violated the employer's arrest-reporting policy, constituting willful misconduct under Section 402(e) of the Unemployment Compensation Law.
3. Whether the remoteness doctrine barred denial of unemployment compensation benefits because the employer discharged Reices weeks after learning of her arrest.
4. Whether the employer was required to impose progressive discipline or a sanction less severe than termination.

Disposition

affirmed