Legal Opinion · Dissent
Eshbach v. Unemployment Compensation Board of Review
Commonwealth Court of Pennsylvania
Decided August 5, 2004Published
1Dissent
DISSENTING OPINION BY
Judge COHN.
Respectfully, I dissent because I believe that the evidence of record, credited by the Board, supports its conclusion that Claimant had no reasonable basis for her belief that she was on Family Medical Leave (FML).
The key findings in this case are that Claimant did not formally request family medical leave (Finding of Fact (FOF) 5) and that Claimant called off on February 25, 2000, but indicated that she would be in to work the next day. (FOF 8). FOF 5 is based on the testimony of Becky Houser, the human resources coordinator and Eric Horn, her supervisor.…
2Cases cited6 opinions
- Centennial School District v. Commonwealth, Department of EducationCommonwealth Court of Pennsylvania · 1986
- Centennial School District v. Commonwealth Department of EducationSupreme Court of Pennsylvania · 1988
- Kells v. CommonwealthCommonwealth Court of Pennsylvania · 1977
- Teitell v. UN. COMP. BD. OF REV.Commonwealth Court of Pennsylvania · 1988
- Cassidy v. UN. COMP. BD. OF REV.Commonwealth Court of Pennsylvania · 1987
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