Metzger Unemployment Compensation Case

Superior Court of Pennsylvania

Metzger Unemployment Compensation Case

159 A.2d 42, 191 Pa. Super. 588, 1960 Pa. Super. LEXIS 387

CourtSuperior Court of Pennsylvania

DecidedMarch 24, 1960

DocketAppeal, No. 27

StatusPublished

Cited by2 cases

This text of 159 A.2d 42 (Metzger Unemployment Compensation Case) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Metzger Unemployment Compensation Case, 159 A.2d 42, 191 Pa. Super. 588, 1960 Pa. Super. LEXIS 387 (Pa. Ct. App. 1960).

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Opinion

Per Curiam,

The Bureau of Employment Security, the referee and the Board of Review each concluded that Kenneth J. Metzger, the appellant in this case, was not entitled to unemployment compensation because his unemployment was due to his discharge from work for willful misconduct connected with his work. See §402(e) of the Unemployment Compensation Law of December 5, 1936, P. L. (1937) 2897, as amended, 43 PS §802(e).

The board found that Metzger was instructed by his supervisor to perform certain work which he refused to do and, that after a second request was made of him, he “took the supervisor by the neck and pushed him away.” As a result of this conduct, he was discharged. There is no serious dispute concerning the facts.

The board properly concluded that the claimant’s behavior constituted willful misconduct connected with his work and that, having been discharged for such conduct, he was ineligible for compensation. Willful misconduct comprehends, among other things, a disregard of standards of behavior which an employer has a right to expect from an employe. Moyer Unemploy[590]*590merit Compensation Case, 177 Pa. Superior Ct. 72, 110 A. 2d 753 (1955); Gagliardi Unemployment Compensation Case, 186 Pa. Superior Ct. 142, 141 A. 2d 410 (1958).

Decision affirmed.

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Opinion

Per Curiam,

The Bureau of Employment Security, the referee and the Board of Review each concluded that Kenneth J. Metzger, the appellant in this case, was not entitled to unemployment compensation because his unemployment was due to his discharge from work for willful misconduct connected with his work. See §402(e) of the Unemployment Compensation Law of December 5, 1936, P. L. (1937) 2897, as amended, 43 PS §802(e).

The board found that Metzger was instructed by his supervisor to perform certain work which he refused to do and, that after a second request was made of him, he “took the supervisor by the neck and pushed him away.” As a result of this conduct, he was discharged. There is no serious dispute concerning the facts.

The board properly concluded that the claimant’s behavior constituted willful misconduct connected with his work and that, having been discharged for such conduct, he was ineligible for compensation. Willful misconduct comprehends, among other things, a disregard of standards of behavior which an employer has a right to expect from an employe. Moyer Unemploy[590]*590merit Compensation Case, 177 Pa. Superior Ct. 72, 110 A. 2d 753 (1955); Gagliardi Unemployment Compensation Case, 186 Pa. Superior Ct. 142, 141 A. 2d 410 (1958).

Decision affirmed.

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Bluebook (online)

159 A.2d 42, 191 Pa. Super. 588, 1960 Pa. Super. LEXIS 387, Counsel Stack Legal Research, https://law.counselstack.com/opinion/metzger-unemployment-compensation-case-pasuperct-1960.

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