Luketic v. Commonwealth

386 A.2d 1045, 35 Pa. Commw. 361, 1978 Pa. Commw. LEXIS 1044
CourtCommonwealth Court of Pennsylvania
DecidedMay 18, 1978
DocketAppeal, No. 160 C.D. 1977
StatusPublished
Cited by14 cases

This text of 386 A.2d 1045 (Luketic v. Commonwealth) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Luketic v. Commonwealth, 386 A.2d 1045, 35 Pa. Commw. 361, 1978 Pa. Commw. LEXIS 1044 (Pa. Ct. App. 1978).

Opinion

Opinion by

Judge Blatt,

Margaret A. Luketie (claimant) appeals here from. an order of the Unemployment Compensation Board, of Review (Board) which affirmed a referee’s order, reversing an award of unemployment compensation [363]*363benefits by tbe Burean of Employment Security (Bureau). The referee denied benefits because of a finding that the claimant had been discharged because of willful misconduct connected with her work, grounds for ineligibility pursuant to Section 402(e) of the Unemployment Compensation Law1 (Act), 43 P.S. §802 (e).

The claimant was employed for eighteen months as a case worker for the McKeesport Neighborhood Ministry (employer). On June 1, 1976, she received a letter from her employer stating that “ [d]ue to a loss in economic support for our work” she was to be laid off. A substantial portion of the employer’s funding was received under contract from the Pennsylvania Department of Public Welfare (DPW), and the claimant inquired of the DPW as to whether or not the employer’s funding had been reduced for the next fiscal year, thus necessitating layoffs. The DPW responded that the employer’s funding levels were to remain the same and the DPW subsequently contacted the employer to inquire as to whether or not layoffs were actually financially required. The employer then wrote to the claimant on June 9, 1976 and told her to return to work, indicating that the reason advanced for the prior layoff was inconsistent with the employer’s contractual relationship with the state. Eleven days after returning to work, however, the claimant attended a staff meeting at which the employer’s associate director announced that the agency was having funding problems and that layoffs of personnel would be necessary. At this point, the claimant stated that she thought that the agency’s administration was misleading the employees as to its alleged funding problems and stated that she intended to check with the DPW [364]*364about the necessity for these layoffs. Two days later, she received a letter from the agency’s executive director discharging her because of her 44 attitude of insubordination to superiors and incompatibility with coworkers.” When she applied for unemployment compensation benefits, the Bureau approved her application, but the referee reversed on appeal, and the Board affirmed the referee’s order. This appeal followed.

In willful misconduct cases, the burden of establishing the claimant’s ineligibility is placed upon the employer and our scope of review is limited to questions of law and to a determination of whether or not the findings of the Board are supported by substantial evidence. Unemployment Compensation Board of Review v. Tumolo, 25 Pa. Commonwealth Ct. 264, 267, 360 A.2d 763, 765 (1976). The question as to whether or not a claimant’s conduct constituted willful misconduct, of course, is one of law and subject to our review. Unemployment Compensation Board of Review v. Walton, 21 Pa. Commonwealth Ct. 47, 49, 343 A.2d 70, 71 (1975), and we have previously held that for an employee’s behavior to constitute willful misconduct it must evidence: (1) the wanton and willful disregard of the employer’s interest, (2) the deliberate violation of rules, (3) the disregard of standards of behavior which an employer can rightfully expect from his employee, or (4) negligence which manifests culpability, wrongful intent, evil design, or intentional and substantial disregard for the employer’s interests or the employee’s duties and obligations. Kentucky Fried Chicken of Altoona, Inc. v. Unemployment Compensation Board of Review, 10 Pa. Commonwealth Ct. 90, 97, 309 A.2d 165, 168-69 (1973). The claimant argues here, inter alia, that her behavior did not amount to willful misconduct.

[365]*365The referee found that the claimant was discharged “[bjecause of claimant’s prior disruptive influence and negative attitude and also because of her actions at the staff meeting where she openly accused the employer of being less than honest with the staff.” The referee, therefore, found that the claimant’s discharge was precipitated by (1) her prior disruptive influence and negative attitude and (2) her actions at the staff meeting where she challenged the veracity of certain of the employer’s statements.

This Court has previously held that a finding that a claimant had a poor attitude is insufficient in itself to justify a conclusion of willful misconduct. Unemployment Compensation Board of Review v. Dravage, 23 Pa. Commonwealth Ct. 636, 353 A.2d 88 (1976); Unemployment Compensation Board of Review v. Kullen, 21 Pa. Commonwealth Ct. 488, 346 A.2d 926 (1975). As Judge Kramer stated for the Court in Kullen:

An employe’s poor attitude must be coupled with some specific conduct adverse to his employer’s interest, or result in some identifiable detriment to the employer before a conclusion of willful misconduct is justified.

21 Pa. Commonwealth Ct. at 490, 346 A.2d at 927. Similarly, we believe that a finding that a claimant was a disruptive influence alone would be insufficient to justify a conclusion of willful misconduct. Our review, therefore, narrows here to a determination as to whether or not the claimant’s conduct at the staff meeting coupled with her bad attitude is sufficient to support a conclusion of willful misconduct.

The referee made the following finding of fact concerning the claimant’s behavior at the staff meeting:

The claimant was openly critical of the employer ’s statement at the staff meeting concerning the funds and indicated at said meeting [366]*366that the employer was being less than honest with the employees and that she, personally, would check regarding the alleged shortage of funds.

This Count has recently held in Costa v. Unemployment Compensation Board of Review, 31 Pa. Commonwealth Ct. 7, 374 A.2d 1012 (1977), that a claimant’s act of calling his employer a liar without justifiable provocation constituted willful misconduct. The decision in Costa was based on case law which recognized that vulgar and offensive language addressed to a superior, unless the language was justifiably provoked or de minimis, was behavior which disregarded the standards of behavior which an employer could rightfully expect of his employee and, therefore, constituted willful misconduct. See Unemployment Compensation Board of Review v. Boff, 24 Pa. Commonwealth Ct. 571, 357 A.2d 694 (1976); Horace W. Longacre, Inc. v. Unemployment Compensation Board of Review, 12 Pa. Commonwealth Ct. 176, 316 A.2d 110 (1974).

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Cite This Page — Counsel Stack

Bluebook (online)
386 A.2d 1045, 35 Pa. Commw. 361, 1978 Pa. Commw. LEXIS 1044, Counsel Stack Legal Research, https://law.counselstack.com/opinion/luketic-v-commonwealth-pacommwct-1978.