Answered on Feb 12, 2012
It would help to have more of the facts, but if there was no violations, there would not be willful misconduct. To show “willful misconduct,” it is the burden of the employer to show an act of wanton or willful disregard of the employer’s interests, a deliberate violation of the employer’s rules, a disregard of standards of behavior which the employer has a right to expect of an employee, or negligence indicating an intentional disregard of the employer’s interest or of the employee’s duties and obligations to the employer.
The employer must show a serious disregard of that interest or that employee was or should have been conscious that his actions were inimical to the employers interests. However, employee negligence is not sufficient.
Timothy P. Brennan, Esq.
Brennan Law Offices
2030 Tilghman Street, Suite 203
Allentown, PA 18104