A state corrections officer who refused to report policy violations by a fellow officer or assist an inmate being assaulted failed to satisfy a burden of proof that his decisions were justified when he said he feared for his safety and reprisal by his coworkers.
A Pennsylvania Commonwealth Court panel, in Department of Corrections v. Unemployment Compensation Board of Review, PICS Case No. 07-0304 (Pa. Commw. Feb. 28, 2007) Colins, J.; Smith, J., concurring (11 pages), reached that conclusion in its opinion reversing a finding of the Unemployment Compensation Board of Review that the officer was entitled to benefits because the behavior cited in his discharge was not willful misconduct.
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