The Commonwealth Court has ruled that a man’s history of tardiness and missing work were enough to show willful misconduct and deny the man unemployment benefits despite the fact that his final absence — the one that got him fired — was found to have been justified.

Ruling 5-2, the en banc panel decided the claimant’s 19 unexcused absences from his vehicle detailer job in a seven-month period fell below the standard his employer could expect and were adverse to the employer’s interest of getting work done in a timely fashion. Therefore, the employer had met its burden of showing willful misconduct.

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