Claimant Denied Pennsylvania Unemployment Benefits for Walking Off Job Without Voicing COVID-19 Concerns

Claimant Denied Pennsylvania Unemployment Benefits for Walking Off Job Without Voicing COVID-19 Concerns THE DETAILS: Fear of COVID-19 was not a valid reason for walking off the job, according to the Commonwealth Court of Pennsylvania's recent decision. Shortly after the lockdown orders were issued by Gov. Tom Wolf in March 2020, a Certified Nursing Assistant (CNA) was directed to work on a particular unit within a nursing home. She was instructed to wear an N95 mask, but the CNA claims one was not provided to her. Based on rumors that there were COVID-19 cases on the unit, the CNA feared that she would contract or spread COVID-19 as a result of exposure on the unit.   The CNA refused to go to the assigned unit. Without informing her supervisor, she left the nursing home 12 minutes into her scheduled shift. The nursing home's Assistant Director of Nursing had no opportunity to discuss the CNA's concerns because the CNA had left the facility before she could be reached. As a result of her abrupt departure, the CNA's assigned unit was understaffed. The nursing home considered the CNA's conduct to be insubordinate and determined that it constituted job abandonment. Following her termination, the CNA filed for unemployment compensation benefits (Benefits). The CNA was denied Benefits because her conduct was found to have fallen below the standard an employer would reasonably expect from an employee.  On appeal, the Commonwealth Court observed that leaving work early without giving an employer notice is a form of absenteeism that may rise to the level of willful misconduct such that Benefits may not be awarded. The Court opined that even if no rule specifically requires an employee to provide notice and a reason before leaving a scheduled shift, such conduct falls below the standard normally expected by an employer. Moreover, refusing to follow a work directive can rise to the level of willful misconduct.  Since the nursing home was deprived of the opportunity to provide an N95 mask or otherwise address the CNA's concerns, the Commonwealth Court considered the CNA's conduct to be neither justifiable nor reasonable, and the denial of Benefits was affirmed.    The pandemic thrust employers — especially health care providers — into unprecedented circumstances. However, this decision affirms that employers can expect reasonable and justifiable behavior from their employees even in the midst of a pandemic. While COVID-19 cases remain low for much of Pennsylvania, employers should consider the following reminders:  Maintain an adequate supply of personal protective equipment (PPE).  Explain that if there are safety concerns related to COVID-19, those concerns should be addressed with an immediate supervisor or other designated individual(s). Inform managers and staff how PPE can be obtained and how to raise concerns about COVID-19 safety. Employees should not abandon their assigned job, tasks, or workstation without first discussing their concerns with a supervisor.  If you have any questions about how this decision might affect your business, please contact the authors of this alert. AUTHORS: Zachary D. Bombatch OF COUNSEL Phone: (412) 504-8035 Email: zachary.bombatch@steptoe-johnson.com Marcia L. DePaula MEMBER Phone: (412) 504-8122 Email: marcia.depaula@steptoe-johnson.com Copyright © 2022 Steptoe & Johnson PLLC. All Rights Reserved.

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All Hell Breaks Loose At Tucson School When Dad Confronts Son's Bully – OutKick

https://www.outkick.com/all-hell-breaks-loose-at-tucson-school-when-dad-confronts-sons-bully/

All Hell Breaks Loose At Tucson School When Dad Confronts Son's Bully

by Joe Kinsey about 9 hours agoupdated about 9 hours ago 13

An Arizona man, who showed up at a Tucson school Tuesday to pick up his sons after a "disturbance" with another group of students, ended up in jail on a felony charge after starting a prison yard fight with bullies who were picking on one of his boys.

"If it's going down, it's going down here," 40-year-old Willie Smith allegedly told school staff who advised him to take a rear exit to avoid a confrontation with the students. Willie not only didn't take the easy way out of the school, he walked right through a courtyard during lunch.

And it was on.

A full-blown prison yard fight with multiple undercard bouts broke out as fists started flying in multiple directions. Video from the school shows Willie Smith tangling with one student while his homies throw fists into the father from multiple angles.

Multiple fights broke out Tuesday at a Tucson high school after a father showed up to confront students who were bullying his sons / via Facebook

KOLD News 13 reports that one 15-year-old student was arrested for disorderly conduct and that at least 30 people were involved in the scrap. In one video, Smith can be seen wrapping his hand around the throat of a student.

Willie Smith, 40, was arrested on a felony charge for his part in a school fight Tuesday at a Tucson high school / via Tucson Police Department

The Tucson school district determined that students should go back to class after their little lunch time fight with a father.

"All students and staff are safe and the campus should return to its regular class schedule within the hour," the district said in a statement.

Meanwhile, the Tucson Police Department released a statement of its own.

"This incident occurred in a large area of the campus during a busy time of day (lunch hour). The initial information I have indicates that no weapons were brought onto campus by the suspect and no injuries or medical transports have been reported.

"We can confirm no TPD officers used any type of force that including pepper spray, if it was used it was not by our department."

The students went back to class while Willie went down to central booking to smile for the camera. Apparently, it was mission accomplished for this dad who hit his snapping point.

Tucson High footage pt. 2 😱🙈 pic.twitter.com/A7LsIWuZ4S

— TMZ Tucson (@TmzTucson) May 3, 2022

@whatsuptucson Video from inside Tucson High School shows a parent involved in an altercation with multiple students. pic.twitter.com/97WZ9kbpZ6

— Piercen Sturdavant (@Pasty_P_) May 3, 2022

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