Tuesday, June 24, 2003

Discharged Claimant Will Be Reinstated Unless Cause For Termination Rises To Claimant Bad Faith

In A. Cryder v. WCAB (National City) the Claimant was discharged for failing to meet production goals. The Commonwealth Court reversed the WCJ and the Board and held the Claimant was entitled to reinstatement. The Court stated that because the reason for the Claimant's termination could in no way be characterized as bad faith on her part in carrying out her duties, her earning power was not adversely affected through any fault of hers, so the Claimant met her burden under Pieper.

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