Altemus v. Unemployment Compensation Board of Review

I respectfully dissent. Because I do not believe that Gary K. Altemus’s (Claimant) DUI convictions constitute willful misconduct connected with his work under section 402(e) of the Unemployment Compensation Law (Law),11 would reverse.

The Majority, in reaching a contrary result, states that the record contains substantial evidence to support the UCBR’s conclusion “that Claimant’s misconduct both at school and off duty was willful and that it directly affected his ability to teach in the public schools.” (Majority op. at 870) (Emphasis added.) However, the UCBR did not draw such a conclusion;…