Burger v. Unemployment Compensation Board of Review

SMITH, Judge.

Diana A. Burger (Burger) petitions for review of an order of the Unemployment Compensation Board of Review (Board) that affirmed the decision of a referee denying her claim for unemployment compensation benefits. Burger states the is sue as whether an employee’s off-the-job drug activity will support a finding of willful misconduct when the drug activity does not violate the employer’s drug policy and the activity is not connected to the employee’s work.

Garvey Manor (Employer) employed Burger as a certified nurse’s aide from March 24, 1994 until November 9, 1999. On that date,…