A former employee of Bell Socialization Services in York has won unemploymentafter she was fired for not having “reliable transportation.” The woman earned $9 per hour at the company and drove her car to assignments until the car broke down. After that, she drove her mother’s car—until it was damaged in an accident.
Bell Socialization issued an ultimatum: Find transportation or be fired. When she failed to either fix her old car or buy a new one, she was fired.
When the woman filed for unemployment benefits, the employer opposed her, claiming her refusal to obtain a car was “willful misconduct” that rendered her ineligible for unemployment benefits. She countered that she had made every effort to obtain transportation, but couldn’t because of her low income.
The state granted her the benefits and Bell Socialization appealed. An unemployment compensation referee upheld the award, as did Commonwealth Court following another appeal.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- 5th Cir. Court of Appeals rejects DOL interpretation of guest worker minimum-wage requirement
- When equipment must start up, when does work begin?
- How far must we go to deliver a final paycheck to a former employee?
- Limiting same-sex perks, DOMA 'unconstitutional'