An accounting clerk’s refusal to submit to a company background check amounted to insubordination, despite the fact that she had worked for her employer for several years without incident and had not been informed when hired of the possibility of a future background check, a Commonwealth Court panel has ruled in an apparent case of first impression.

The decision in ATM Corp. of America v. Unemployment Compensation Board of Review, PICS Case No. 06-0096 (Pa. Commw. Jan. 23, 2006) Leavitt, J. (16 pages) is in line with the holding of the matter’s referee, who concluded that Rachel Petock’s actions were grounds for her to be dismissed without the possibility of unemployment compensation.

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