John S. Kirchner v. Unemployment Compensation Board of Review

Summary

The Pennsylvania Commonwealth Court affirmed the Unemployment Compensation Board of Review’s determination that John S. Kirchner was ineligible for unemployment benefits under Section 402(e) of the Pennsylvania Unemployment Compensation Law due to willful misconduct. The court held that substantial evidence supported findings that Kirchner knew the employer’s alcohol policy and violated it by consuming alcohol while working. The court also rejected Kirchner’s argument that the policy was inconsistently enforced.

Holdings

1. Substantial evidence supported the Board's finding that Kirchner was aware of the Alcohol Policy and violated it by consuming alcohol while working.
2. Kirchner's consumption of alcohol during work hours, in violation of a known workplace prohibition, constituted willful misconduct under Section 402(e), making him ineligible for unemployment compensation benefits.
3. Kirchner failed to prove that the employer inconsistently enforced its Alcohol Policy, and therefore failed to establish good cause for his willful misconduct.

Questions Presented

1. Whether substantial evidence supported the Board's finding that Kirchner was aware of the employer's Alcohol Policy and violated it by consuming alcohol during work hours.
2. Whether Kirchner's conduct constituted willful misconduct disqualifying him from unemployment compensation under Section 402(e) of the Pennsylvania Unemployment Compensation Law.
3. Whether alleged instances of undisciplined alcohol-related conduct established inconsistent enforcement of the employer's policy and supplied good cause for Kirchner's violation.

Disposition

affirmed