Irvine v. Commonwealth, Unemployment Compensation Board of Review

Dissenting Opinion by

Judge Barbieri :

Regretably, I must dissent.

While it is undisputably true that an employee’s failure to properly report the reasons for his or her failure to report to work pursuant to an established company policy can constitute disqualifying willful *501misconduct, Azar v. Unemployment Compensation Board of Review, 34 Pa. Commonwealth Ct. 23, 382 A.2d 995 (1978), “absenteeism, where justified or where properly reported according to company policy, while still a legitimate basis for discharge does not constitute willful misconduct. ...” Penn Photomounts, Inc. v. Unemployment…