I am unsure of what you are asking but I am assuming you are the employer who fired the warehouse manager and now that manager is applying for Unemployment Compensation.
As you correctly stated, the burden falls on the employer when a former employee applies for unemployment compensation to prove willful misconduct. While the law does not set a solid definition for "willful misconduct," it is essentially anything that violates the employer's policy, rules or practices, or anything that would harm the company.
As the burden is on the employer, proof would be needed, including a handbook setting forth the policies that were broken or documentation showing that the employee engaged in conduct that harmed or could have potentially harmed the employer. Further, proof of corrective action for the harmful behavior is helpful if you have documentation from the past four years.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
Robert H. Graff
The Ezold Law Firm, P.C.
One Belmont Avenue,
Bala Cynwyd, PA 19004
The response to this inquiry does not create an attorney/client relationship. We have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
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