Unemployment Tax Advisory Corporation
  Database Service  
  Headlines Clients  
Pennsylvania Unemployment Case Law
Research the Pennsylvania Court System
Search only PA case law:

Quit teaching because frustrated with student apathy and lack of parent and administration support.
Fired for retaliating when he felt cheated out of his vacation pay.
The referee at the hearing gets to decide which witness to believe and can cut short witness testimony if he desires.
Does not collect because she quit before exhausting all alternatives.
Allegheny Valley School
A school counselor was demoted for poor job performance. He quit. He collects.
Allegheny Valley School - dissent
One judge does not agree that he should collect.
Allegheny Valley School - dissent 2
Neither does this judge.
Child care difficulty creates attendance problems.
The referee at the hearing first said he would exclude certain photos, then used them in his decision.
She collects because a brief psychotic episode is not misconduct.
The Department mailed his decision on the 21st of December. He say what with Christmas and New Year, he did not receive it until the 4th, and that's why his appeal was late.
She was unable to attend her hearing because she was starting a new job. They should have allowed her to postpone her hearing.
"Anderson became overwhelmed with her work and advised her supervisor that she was sick of it and could not take it any longer." Then she went home.
Blatant sexual harrassment made this woman quit. But she was denied benefits because, even though she told her supervisor's superior about it, she did not go through every level of hierarchy. The court reversed the decision and granted her benefits.
Fired for a pattern of poor attendance. But he had a good excuse for the straw that broke the camel's back.
Animal Hospital of Gilbertville
He was filling in temporarily, until they hired another vet. They told him to place an ad for the replacement. He said he did. He didn't. They fired him. He collects.
He says the reason his appeal was late was because he did not understand the initial determination he was sent.
Fired for putting the wrong medicine in the bottle. But, the dissent points out, this mistake was inadvertent, and so should not be misconduct.
A nurse worked at a hospital where her mother was a patient. The nurse looked at her mother's medical records & disagreed with the doctor's treatment. The doctor got angry and had her fired for looking at confidential records. The Board denied benefits, and the court upheld.
Armstrong World Industries
His attendance record was poor.
After 18 years, Willie's performance suddenly became erratic, and he had several costly accidents. The employer surprised him with a drug test, which he failed. This decision shows all the aggravating hoops an employer must jump through to establish a drug case. Benefits denied.
This case is about the requirements for "pre-dating" a claim. "Pre-dating" means applying for benefits for weeks after the claimant left the job, but before the claimant filed the claim.
He was hurt on the job, collected Worker's Comp, and then collected Unemployment. When he applied for Unemployment a second time, he was disqualified because he had not worked.
Avco Corp.
During a labor dispute, the union members refused to work overtime. They collect.
It is remarkable how frequently an appeal prepared by an attorney is submitted late.
She owned half the pizza franchise, so she cannot collect unemployment. (They did, however, gladly tax her wages.)
He ran a forklift into a duct, causing an explosion. He does not collect.
Inability is not misconduct. Any arguments not brought up at the hearing can't be introduced later on.
The boss told her look for another job. So she did. But on company time and using the company computer.
They apparently resented his college education. So they harassed him until he quit.
A remark about a plastic bag taken way too seriously.
The department sent him a notice dated Jan 4 which says it was mailed that same day. He has the envelope it came in postmarked Jan 24th, already too late to appeal. Despite the postmark, they still won't consider his late appeal, and insist that their notice was mailed on the 4th. Incredible.
He started a business in direct competition with his employer, and tried to get his employer's clients for himself.
Quit when his supervisor got fired.
Disagreed with her performance review. Disagreed with her supervisor. Quit when the supervisor pointed her finger at her.
Banker's Life
An insurance agent paid wholly on commissions was told quit or be fired, so he quit. Through appeals, he won unemployment. The employer takes it to court. The court says, since commissions are not counted toward his unemployment, the company is not liable for charges, and this means the court won't listen to their case.
Baran et al
The plant shut down for a week, and gave everyone vacation pay. Some want to collect unemployment as well. They won't.
A lawyer wants to see the list of Unemployment appeals, who is appealing, and when the hearings are scheduled. The Board wants to keep it secret. The court sides with the board.
She said "take this job and shove it" and stormed out.
An unarmed watchman is instructed to chase down intruders and not call police. He quits, saying his job is dangerous.
A typical modern tragedy: He lived and worked in Alabama; but his sons lived with their grandmother in Pennsylvania. One son began to have emotional and behavioral problems. He moved to PA to be with his son, and took a job there. When the PA job laid him off, he applied for unemployment. Now the agency does not want to pay him because he voluntarily left his job in Alabama.
He falsified "upselling" records to increase his bonus.
A plumber argued with his supervisor about needing materials. The supervisor told him "park your truck". The plumber took this to mean he was fired. It's baffling why the court would acknowledge that "there's the door", or "hand in your keys" or "pick up your check" etc. means "you're fired" but say that "park your truck" to a service technician does not.
Bellas, Patskan, et al
Contract negotiations finally broke down after two and a half years.
A man and wife worked for the same company. With the business owner's help, they started a second company, which distributed products made by the first company. Now, the first company fired them without saying why. They both applied for unemployment. Now, company one doesn't want them to collect unemployment because they own a business. The court says they collect.
No matter what else, she appealed too late.
Another case where an employee accepted an early retirement offer, quit, and therefore cannot collect unemployment.
Complained several times about abusive behavior of other managers. Nothing changed, so she quit.
A telephone rep logged off the phone system for two hours.
She repeatedly complained of egregious sexual harassment, to no avail. She even filed a lawsuit, and they did nothing. So she quit. And now the borough maintains she quit because she had been suspended.
Beverly Enterprises
The employees went on strike. The employer hired replacements. The employees received unemployment benefits. The court upheld.
The issue is whether his pension should be deducted from his unemployment. The court cites the law which says it should be deducted, but then says don't deduct it. You figure it out.
All the other miners left him stranded two miles deep in the mine when they ended their shift early for a ventilation test. He walked to the surface, cleaned up, and went home. The mine fired him for leaving without permission.
Her fax transmission sheet shows her appeal was filed on time. The Department's fax receipt says it was not.
Quit rather than accept an assignment 25 miles away. Not far enough to qualify as a good and compelling reason to quit.
They found porn on his computer. He claims he wasn't the one.
Bloomsburg University
A man worked two full time jobs: for the University, and for a factory. When the factory fired him for attendance problems, the University was charged for his benefits, even though he continued to work there full time. Here, the court reverses the chargeability. But note the distinction in chargeability between full and part time employers.
The court can not re-consider which side to believe. The court must leave all that to the Board.
They say he threatened a co-worker.
She was granted intermittent FMLA. Therefore, when she called off work, that was a part of her leave.
A hygienist did not get along with the dentist she worked for, so she quit.
Sent prohibited pictures on his company cell phone.
He went to church instead of working Sundays, and did not find a replacement. He does not collect.
Had to call off work because her child fell ill. Called in, but did not find a replacement.
A nursing assistant came in smelling of alcohol. He would not submit to a test.
They dismiss her appeal because her brief is written incorrectly.
Quit because he thought the job site was unsafe. Does not collect because he did not tell the employer about the unsafe conditions first.
Hurt his back at work. Doctor told him stay home. Did not respond to employer's attempts to contact him.
She failed her drug test, signed a "Last Chance Agreement", then failed two more tests. Nevertheless, she collects, because a document concerning the "chain of custody" of the test specimen was not forwarded to her lawyer.
A PenDOT employee invented a device useful to PenDOT operations; then patented it.
She falls just barely short of qualifying for unemployment because some of her wages were earned from her son.
Her job was to resolve incidents of racism. But she could not resolve her own. So she quit. The Board "capriciously disregarded" the evidence.
Once he had exhausted his sick leave, the employer told him to quit.
Her hand began to swell. The supervisor sent her to to the emergency room. The doctor there told her to stay off work 3 days, and gave her a note. She took the note to the supervisor. Then she stayed home three days. All this is clear. Then they fired her for staying home three days.
The court is not sure whether he earned just bareley enough to qualify for unemployment or whether he earned just too little.
She would not clock out for lunch.
Lost his job because he did not have the money to pay union dues.
Bryner et al
These three try to use Workers Compensation benefits as earnings to qualify them for Unemployment benefits. The court says no.
Bryner et al (dissent)
This judge says the legislature intended for Workers Compensation to be considered earnings to qualify the recipient for Unemployment Compensation benefits.
“The mere fact that one employee is discharged for willful misconduct and others are not discharged for the same conduct does not establish disparate treatment.” Three judges dissent.
The employer found porn on the laptop which they had given him for job use. He says he didn't download porn on the job.
A nurse aide went to the doctor after an injury. The doctor forwarded his bill to the employer, and included with the bill a copy of the aide's medical records, in which she admitted to smoking pot and taking pain-killers at home at night. They fired her. She does not collect.
A staffing agency got him a consulting job for a client. Now the job is over, he would like to collect unemployment. But the department has not established whether he was employed by the agency, the client, or himself.
Quit to care for her premature infant.
He kept complaining that his truck tires were bald and his brakes were bad, but the company never would fix them. So he quit. He collects.
Fired for having a visitor on the job. Objects that the employer's policy is unreasonable.
Cambria County
At first, she was secretary to 10 staff. By the end, she was working for 36 staff. Every time she discussed easing the work load, they made all sorts of promises which they never carried out. She quit. She collects.
Cameron and Sons
They leased their employees because the leasing company had a lower tax rate than they did. Now they have to fork over the difference.
A coroner spoke to the press about what he saw in an autopsy. He was fired for breaking a rule of silence. He claimed freedom of speech. The Board denied benefits, and the court upheld the Board.
She would call off when they didn't have enough work to make it worth her while.
Problems with how he called off when he missed work.
Carson Helicopters
The hearing referee's decision was dated five days before the hearing was held. Obviously, the department's dates are goofy. Yet the Board insists that their appeal came too late.
She collected unemployment while working for someone else. Now they want her to pay it back.
Fired by a priggish system for telling a few harmless jokes.
Out for a long time ill, but did not keep the employer sufficiently informed.
A union worker wore a tshirt with a slogan attacking the CEO. He was fired. A bunch of other union guys wore tshirts supporting him. They were fired. They collect.
Caterpillar -- dissent
These judges do not agree.
She quit to move to Chicago, and applied for unemployment there. Benefits were denied there. So now she appeals to Pennsylvania court, and says she really quit because of sexual harassment.
She quit when she was demoted.
Chavez et al
Teachers walked out when their new medical plan had higher deductibles. They collect.
A flight instructor fights for Temporary Extended Unemployment Benefits intended for workers displaced by 9/11
While on unemployment, he did some construction work on a house he and his partner bought to flip, and the partner paid him. That's employment. Now he must pay back what he received in unemployment benefits.
A new job description stressed him out.
He called to say he would be late. The company president called back and told him to take a couple of days off and get his life together. Several days later, the company sent someone by to pick up his cell phone and any other company equipment he had. Then they told him not to come back. But now, the company insists that he was terminated for unexcused absenteeism on those same days they told him to stay away.
A teacher helped a couple of students with their test.
Says the reason her appeal was late is that the post office delivered her determination notice to the abandoned house next door.
The Board addressed the wrong issue. While it may or may not be true that he is an independent contractor, the point is that he's still employed.
Failed to satisfy a last chance agreement.
The court says she was not fired for drinking off the job, nor for failing a test. She was fired for showing up to work impaired.
A new manager wanted things done differently. He would not comply.
Hockey rivalry went too far.
he quit because the job was hurting his back and knee. But he didn't have a doctor's note, so he can't collect unemployment.
After forty years, they fired him for being absent 11 times in 11 months. He had good reasons.
A cake decorator quit because the cook kept grabbing her butt. She collects.
Bought a retirement home in another state. Husband retired and moved there. She quit and moved to be with him.
A cake decorator quit because the cook kept grabbing her butt. She collects.
He collected taxes for a borough, a school district, and a county. This makes him an independent contractor, ineligible for unemployment.
Sleeping in the lunch room during lunch break. He says he was not sleeping, just resting.
Copyright Inc.
The unemployment office says their appeal arrived too late. They have a UPS receipt showing it was sent on time. They lose because it is not a postmark.
Caterer refused to work as Maitre D because that wasn't her job description. When criticized, quit.
All the time he was out hurt, the employer would never return his calls. Therefore after the doctor released him for work, he assumed that if he called to say he was ready to come work, they wouldn't respond.
Kenneth tried to appeal to the court directly from the referee's decision. The court tells him he has to go through the Board of Review first.
The referee and the Board both have broad discretion as to which evidence they consider or exclude.
A laundry list of issues did not get him fired. Poor performance did. That is not misconduct.
They squabbled. She resigned. She does not collect.
Horseplay is construed into sexual harassment and used as pretext for firing a fellow three years later.
A director of a childrens' gym quit and collects because despite her repeated requests the owners did not repair the gym's safety problems.
Truck driver lost his commercial driver license after an arrest for DUI. Doesn't think he should be fired because another driver who is unable to drive because of a medical condition was not fired.
He was fired for surfing the internet.
A prescribed medicine made her work suffer. They tried to help her, but performance did not improve.
He is still employed as a school bus driver. But he wants to collect unemployment anyway.
A substitute teacher may not collect extended unemployment benefits for a period when he was not eligible for normal unemployment benefits.
A nurse assistant at a nursing home falsified reports to make it look as though a patient was receiving therapy which he was not.
The hearing referee is not limited to the issue which the hearing was called to decide. If circumstances call for it, and both sides are amenable, the referee's enquiry may include other matters.
A couple of colleagues caught smoking pot said he sold them the pot. Thus they kept their jobs; he lost his.
Thrice caught sleeping on the job. Says she has a medical condition.
While collecting Unemployment, this attorney hung out a shingle and opened his own office. He collects.
She entered a voluntary retirement program which required her to retire in four years. Because the program was voluntary, it's not a necessitous and compelling reason to quit.
She quit and moved to live with her brother in Florida because of job stress. The court basically says that because she put up with the stress for so long and only quit when her brother offered to help her, she is ineligible.
Quit to take a better job; but before he could start there, they rescinded the job offer.
They contend she falsified her time sheets.
After his wife died, he could not afford to live in PA, had to move to Montana.
Her brief to the court is not stated clearly and completely.
She worked in a nursing home. She accepted $3,000 from a resident.
Left a message on the answering machine and with a colleague that she was ill and would not be at work. But fired because she did not speak directly to a supervisor.
Not eligible for unemployment because she took a voluntary retirement package.
The Department made a clerical error and sent her duplicate payments. Now, they want the money back.
Agreed to work Saturday, showed up, but left because he didn't like the assignment.
One of the employees she supervised did not properly apply for leave.
Repeatedly tardy; she says she has good reasons.
A hospital maintenance man allowed a colleague to steal curtain tracks.
A YMCA child care worker got in trouble with the law over drugs.
A teaching assistant held a child by the wrist instead of the hand. I kid you not.
Hurt at work, put on light duty, said the light duty aggravated his condition, so went home. Surveillance showed him digging post holes, etc., at home. He says he thought his light duty restrictions only applied to the job.
Assumptions made on the basis of suspicious behavior are not proof.
Work gave her stress. So she quit. The employer offered her shorter hours, other work, etc. She did not take the offer.
A woman was fired for being consistently late. She lost her appeal because it was filed late. It was late because her lawyer sent it to the wrong place. The court says you're too late.
He won his case for wrongful discharge and was awarded back wages. So now he has to pay back what he received from Unemployment during the meantime.
The patient's parents asked the hospital phlebotomist what the blood test was for. He answered. The parents complained the hospital roomate's parents could overhear. He was fired.
Health problems led to absences. That is not misconduct.
A truck driver fell asleep at the wheel. He claims it was not misconduct because he didn't fall asleep on purpose.
Quit because of stress caused by colleagues calling him names.
Repeated bureaucratic difficulty trying to get the state agency to pay attention to his wage records to determine eligibility.
She says she appealed too late because the form denying her claim never arrived in the mail.
Wow. After twenty some years on the job, her employer let her go. First, the amount of her benefit was reduced by her social security pension. Next, she got a part time job, and that cut into her benefits. But her part time job required heavy lifting, so she quit and got another part time job. Because she quit the first part time job, the department wants to reduce her benefits, get this, as though she were still earning money from both it and the other part time job at the same time. Now they want her to pay back a bundle of benefits which they gave her in error. She would have been better off just sitting home. Sometimes, it just doesn't pay to try.
Printed out a school paper using the company computer.
Used the company vehicle for personal errands.
He quit to move to Virginia to take care of his ailing mother rather than moving his mother to Pennsylvania so that he wouldn't have to quit.
Smoked in a bathroom where smoking was prohibited.
Wanted to spend more time caring for her children. Did she quit or was she fired?
Mental deficiency does not excuse her filing her appeal too late.
Time and again, a claimant asks the court to reconsider the evidence and come up with a different conclusion from what the referee and board decided. But the court does not decide the facts nor who to believe. It can only consider how the law was applied to the facts found.
Her appeal arrived by fax on the last day to appeal after the department had closed for the day. The department instructions specify that the appeal must be received before the end of the business day. Nevertheless, this court says she beat the deadline.
Quit because unhappy with the work and criticism.
She did not appeal in time because the mailman delivered her notice to the wrong address. Even has a letter from the neighbor saying so. But did not bring this up before the board, so out of luck now.
The state department sent a hearing notice to the employer at the wrong zip code and three weeks late. Now they maintain that he appealed too late.
The doctor's office manager quit because the doctor yelled at her. The board determined she had good reason to quit. Now the doctor takes this to court saying she committed misconduct. But it's already established that she quit for good reason. Too late now to claim she was fired for misconduct.
He says the reason he sent his appeal is too late was because someone at the department told him it would be alright. Doesn't matter. Should have read the notice. Too late is too late.
Had the employer provided his pension, the pension would be deducted from his unemployment benefit. But because the union negotiated a deal in which a bit of his hourly wage was invested in pension funds, only half is deducted.
After her maternity leave was over, she called the employer repeatedly, wanting to come back to work. The employer would not return her calls.
A bus driver was fired for repeatedly failing her drug test. On two occasions, she apparently doctored the test sample. But she collects because the testing lab did not forward copies of its documents to the claimant.
She was sick. She had letters from the doctor. She asked for leave. She got fired instead.
Employer's Unity
The employer says he was rude on the phone, but the Board says he was not.
A telephone solicitor got stressed out when they insisted she repeatedly ask people who had already refused, so she quit. She collects.
A teacher could not get the school to fix her doorknob, so she made one herself with a picture of the principal on it. When the principal came to remove it, a shove ensued.
She took off to help her daughter who had just given birth. She thought she was on FMLA leave; but she had not done the paperwork. This court says her employer should have helped her fill the forms out.
The employer moved to Jersey. The longer commute created child care troubles.
It was reasonable for her to believe she'd been terminated. It was reasonable for the employer to believe she had quit.
It is surprising how often appeals filed by lawyers miss the deadline.
They required her to stay late, to cover for someone else who left ill. But she couldn't because she had a second job. They knew that.
The Board of Review may not disregard the referee's findings of fact.
Fekos Enterprises
A worker may certainly quit voluntarily and still collect. At this fast food place, one worker quit because her paycheck bounced several times. The other was scratched off the schedule after demanding "where's the payroll?" They both collect. No pay is surely a good enough reason to stop working. One wonders how the amount this company was willing to pay a lawyer to pursue this case compares to the amounts of the paychecks they bounced.
Accepted an early retirement package, thinking her job was about to be eliminated.
An ambulance driver pulled out from a stop sign into oncoming traffic and crashed the ambulance. The company fired him for misconduct. The court says it wasn't misconduct, but just an accident, because he didn't really mean to crash when he pulled out into traffic.
While out on Workers' Comp, he got laid off. PA will not pay him unemployment because his Workers' Comp claim is fron Georgia.
Fisher et al
Two men were denied Unemployment when their factory closed because they didn't have enough earnings in their base period, because the company had not promptly paid them promised vacation money. Even after they finally got the pay, Unemployment would not listen to them. The court says listen.
The employer cannot prove that the reason he lost access to a law enforcement database was for any misconduct on his part.
The nursing home cut back on staff, and told her to take on responsibilities which she did not think she was qualified for, so she quit. The court says she collects.
Took short cuts trying to get the job done instead of following policy.
Did not prepare his brief properly.
He retired early because he could no longer do the physical work of a diesel mechanic.
He missed his hearing. Does not get another.
When stories conflict, the referee decides who to believe. The court will not weigh credibility.
At the time they hired him, a nursing home attendant had a couple of charges pending. When he pled guilty to the charges, he lost his job, because a nursing home is prohibited from employing criminals.
A 9,000 pound steel coil fell off his truck. But that is not misconduct on his part.
Some disagreement about how the argument started. But then she packed up, went home, and did not report back to work, other than to hand in her keys and collect her check. Yet she claims she did not quit.
Says he never knew he was scheduled to work on the day he didn't show up.
A mammography radiologist got fired for pornsurfing at the hospital. He collects because the employer cannot show that it was he and not someone else on his computer.
Took a severance package to avoid possible layoff.
He accepted an early retirement package rather than undergo a background check.
Fired when she told the owner's sister that the owner had bought property in Florida.
Her company moved its office thirty miles away and expanded their territory. So she had to travel farther. It soon became impossible for her to pick up her children from daycare. They wouldn't accommodate her. She quit. She collects.
A truck driver rear ended another vehicle. It's negligence, but not misconduct, and so he collects unemployment.
He was caught chatting with a boy using the employer's computer. Later, when arrested for unlawful contact with a minor, they fired him.
The court points out that a voluntary quit may collect if the claimant can show that any reasonable person would quit under the same circumstances. The company offered this claimant $25,000 and early retirement to quit now and avoid layoff. Sounds pretty reasonable. Yet the court says he does not collect.
Collects unemployment after quit when demoted because the boss didn't like her.
Giant Eagle
A woman was injured off the job. Her chiropractor told her she could only do light duty. The company only offered light duty to people hurt on the job. The court says she collects.
Giant Eagle
Not a happy place to work: A retarded grocery cart retriever walked across the parking lot just to get a drink at a fast food joint. So they fired him! He does not collect!
A custodian took one discarded 3 1/2 inch floppy disk drive which he found in the trash truck. He was canned.
She said she was depressed and bipolar and that's why she was absent so much.
A community college instructor cannot collect unemployment between terms.
Took company property. Lied about it. Blames it on racism.
The Trade Readjustment Act extends unemployment benefits to those whose jobs were lost to NAFTA and who have exhausted their regular unemployment benefits and are training for a new type of jpb. He worked two part time jobs while collecting TRA benefits and attending training. He earned six bucks too much, just enough to establish a new qualification. Therefore, he loses his TRA benefits. He would have done better to sit at home and watch soaps.
Arrived fifteen minutes late for her hearing.
Delves deep into a little known exception to the rule that a pension will reduce unemployment benefits to zero.
A sales rep was told that travel would be part of her job. But long car trips made her nervous. She agreed to go to a seminar, because the boss gave her an ultimatum; but then she didn't go. Her boss said bring in your stuff. She thought she was fired. The boss says she wasn't. The court says she was. She collects.
A limo driver who carries passengers to and from the airport fights for Temporary Extended Unemployment Benefits intended for workers displaced by 9/11
He objects that the company's agent at the hearing was not a lawyer. But the court says he doesn't have to be. Compare this case with Harkness four years later, where the court decided the same question exact opposite.
They hired a weatherman for State College, expecting he would relocate from Indana. A year later, he still commutes.
Her boyfriend managed a stables. She lived with him on the farm and worked for him there. He was fired for messing with the owner's minor daughter. So she quit.
The Board of Review always decides who to believe. The court always defers to what them for that.
A gym teacher inadvertently took three shotguns to work. She does not collect.
The department goofed and paid him too much. They should have deducted his social security pension. Now he has to pay it back. If he were poor, he would not have to.
Says she never got a chance to tell her side of the story.
Appealed too late. Claims a learning disability is to blame.
He was not politically correct. They fired him. He does not collect.
Took an early retirement because she expected to get laid off.
A store clerk was fired for speaking back to a rude customer. At the appeal, the employer was represented by an agent. Should a corporation be required to hire an attorney to represent itself at an unemployment hearing? Compare Piunti, below.
She quit when she found out she was pregnant. The employer offered her light duty work, but asked for a doctor's note explaining her restrictions. She did not provide one.
The administrator of a trucking school reported that students were attending when they were not.
A prison guard convicted of welfare fraud claims that he should not have been fired because fraud has nothing to do with his job qualifications. The court says he doesn't collect.
They sent him a certified letter. The mailman left a note telling him to come get it. Even though he never went to claim it, the note is as good as delivery.
Head Start
Head Start employees are not eligible to collect unemployment during summer break.
Problems with witnesses.
Closed her store. Offered her a transfer to another store. She declined. Laid off and collected unemployment. After she'd gone, they discovered cash and inventory irregularities, blamed her, and now want to deny her unemployment for misconduct. Too late for that.
After 9/11, her company consolidated. They offered her a job elsewhere, but she refused to relocate. She wants Temporary Extended Unemployment Compensation intended to benefit workers displaced by 9/11.
When the employer discontinued bonuses, she quit.
Appealed one day too late.
When she hurt her knee, she applied for unemployment and collected. This employer appeals on the grounds that if she is too hurt to work, then she is not able and available for work.
Says she quit because the owner became moody.
Much of this case depends on whether the policy handbook requires documentation for all absences, or only for absences of three or more days. The employer says one thing, the claimant says another. Curiously, no one submits the handbook itself into evidence.
Took a two and a half hour lunch break.
He was fired for practicing law without a license. He thinks he should collect.
She was an independent contractor. Therefore, she cannot collect unemployment.
The court says: "It is well established that a claimant need not indefinitely subject herself to unjust accusations and abusive conduct."
Hopkins et al
They say it's a lockout. The court says it's a strike. That's why they don't collect.
Two workers wrote the owner a letter of complaint. Both were suspended. She quit.
Hornsberger et al
When the steel plant shut down, they retired. That's why they do not collect.
Refused to do it the manager's way because the Vice President had instructed him to do it another way. The board should have allowed him to subpoena the VP, because the VP's the person who could have testified who's instructions he should have followed.
The referee is required to ask questions to help the claimant develop her case; but the referee is not the claimant's advocate.
When children fought over toys, she put the toys in the closet. This is against the daycare's policy.
Appealed too late. Missed the deadline. That's it.
Disability payments from the employer do not count as wages to qualify him for unemployment. Nor can he count his earnings from before the injury.
Oh, for heaven's sake.
The employer claims he admitted he took things. The Board disagrees.
A prison nurse had to pass a license test to keep his job. He did not pass. But he gets unemployment because he tried real hard.
Johnson et al
During the lockout, they decided to retire. The court says they cannot collect Unemployment while they are retired.
Repeated clumsy unwelcome flirtation becomes sexual harassment.
Johnson et al
A long list of claimants took a voluntary retirement offer rather than wait to be laid off. The court denies them one after another. Fears of immenent layoff are not good cause to quit.
Quit because of hostile work environment.
She said she quit because her lesbian boss sexually harassed her. She never reported it because she was so embarassed. Therefore, she does not collect.
Quit to spend time with her ill grandmother.
Denied unemployment because unable to work. Claims the department should have told her the deadline to appeal. But the deadline was printed on the notice they mailed her.
Fired for attendance; then did not attend hearing.
The employer repeatedly yelled at her, but she was only allowed to communicate with him by email. So she quit.
When the township hired him, they made certain promises. When they broke their promises and wouldn't budge, he quit. Now they don't want him to collect unemployment.
Fired when overheard verbally abusing a patient.
The hearing notice was mailed to the employer's agent, instead of directly to the employer. Consequently, their appeal was late.
Tries to explain why she brandished a knife during an argument with a colleague.
A school custodian did not show up for many days. A head injury in his youth had left him subject to mood disorder. He said he was in a mood, and couldn't get out of bed. The court says he does not collect.
Jordon (dissent)
This judge thinks he should collect.
Flat out refused to do as directed.
This is hard to understand. Fired because after she broke her ribs a colleague left her one prescription pain killer pill in an envelope. She didn't even take it. And the case is based on hearsay.
Hearsay is admissible.
A lawyer hung out his own shingle, but continued collecting unemployment while working for himself.
The school accused a teacher of misappropriating funds, and told her they were going to fire her regardless of how the investigation ensued. So she quit.
Kassab, Archbold, & O'Brien
A paralegal's firm changed its policy, shortening maternity leave from 10 weeks to 6. She thought she had 10 weeks leave. When she didn't show after 6, they sent a letter telling her she had resigned. She had her husband call and deal with them. Because she didn't call and straighten it out herself, she does not collect.
Says she was constantly badgered. The court says she didn't prove it.
The court always refuses to decide which witness to believe. That issue is decided at the hearing.
A prison guard is caught DUI with a suspended license.
While collecting unemployment, he began selling real estate solely on commission, and he continued to collect until his first sale, at which time he reported the income. Now they want him to repay the benefits he received from the time he started working without income. Is a salesman still unemployed until he earns his first commission?
Kelly et al
The new owners of the company switched payday from Thursday to Friday, so the union went on strike for three months.
He had a business on the side. The Board over estimates how much he made with it, and does not want to listen to the facts.
Argued with the boss, went home, never came back. But claims she did not quit. Her appeal is dismissed because it is not written properly.
Keystone Bottling
The company proposed a contract to the Union. It was ratified by the members, but not by the union hierarchy. The company implemented the contract. The Union went on strike. The court says the strikers can collect.
Told to come back when his attitude improved. Didn't. That's not a discharge.
They fired him because he did not do what he was told. But he is hard of hearing and the instructions were vague.
Probably should have stuck to just one reason why he quit.
The argument she brings to court is not the same one she brought to the Board, so it will not be considered.
He had a wreck and so he couln't make it to the job site. Fired because he didn't rent a car to get there.
Appealed too late, then appealed again; but never appealed the issue of why his first appeal was too late.
The employer tried to stop the harassment, but it continued anyway.
Quit when demoted to night shift.
The referee at the hearing decides which side to believe. The court will not re-weigh credibility.
She quit because she thought this wasn't the job for her. Can't collect for that.
Only the issues raised at the Board appeal may be considered by the court. New issues are ignored.
It looks like she had a pretty good case, but lost it simply because she didn't attend the hearing, and so the only evidence considered was what the employer said.
Quit when transferred to another work place with much more dangerous work conditions.
He needed a DOT certification to drive his truck. He failed his DOT physical. So he handed the employer his old DOT certificate with the dates altered. When they asked him to explain why he had doctored his cert, he quit. Then he tried to unquit. Now he tries to collect.
He may have a compelling and necessitous reason for quitting; but since he did not attend the hearing, he did not bring it up there. That's the last place new evidence can be introduced. So it doesn't count now.
She was a therapist at an Easter Seals school. She wants Unemployment between school terms. This court says no.
He gave four weeks notice, and was let go immediately. In effect, he has two termination dates: The date he was told to leave and the date he intended to leave. In this case, he is eligible for the four weeks he intended to continue work, but not for after he intended to quit.
Unable to predict her return after difficult maternity leave.
Voided a transaction after a cash customer left with the goods. Register did not come up short; but fired anyway for not following cash handling procedures.
He complains now that the company was represented at the hearing by a non-lawyer; but he did not bring that up at the hearing. He complains of the non-lawyer's disruptive behavior; but he does not show any disruption.
She is below normal intelligence. She has trouble reading and writing. That's why her appeal was late. The court thinks the Board should take this into consideration.
This is one of the rare instances where the court acknowledges that a referee decision was not based on substantial evidence.
Whose story should be believed? The referee gets to decide which side is credible. The court does not re-weigh credibility.
She showed up for work pie-eyed and reeking. When asked, she said she had been up drinking all night. She thinks she should collect because there was no drug or alcohol test. But their policy says a smell is all that's needed.
A nursing assistant wouldn't help a nursing home resident go to the toilet.
A trucker was delayed by bad weather and couldn't get back home in time to report for his Army Reserve duty. The employer wouldn't let him off a couple of hours to go straighten things out with his Reserve unit. So he quit, went to his unit, straightened things out, and came back to his job. They wouldn't give it back to him. The court says he collects.
Various attendance problems.
When told she could not have the day off for surgery, she said: "You can fire me if you want to." So they did.
She took leave to move to Arizona, and was going to try to find work at an Arizona branch of her company. But her mother got sick, so she moved back. By now, the local branch had replaced her. The court says she collects.
He is not eligible for Trade Readjustment Assistance because he did not promptly enroll in an approved job training program.
Quit after two days -- job dissatisfaction.
Childcare difficulty makes it tough for him to accept a new assignment.
Quit for health reasons, but never got a doctors note.
Basically, an appeal is late unless the department admits that they received it in time. Here, a man and his wife both testify that he mailed his appeal on time, but the department denies receiving it on time. Of course he can't prove by postmark when it was mailed, because the postmark would be on the envelope which the department denies having received. Fax receipts, FedEx receipts, mail machine dates, etc are all useless. The department will only accept a postmark as proof. That puts the only proof in their hands. This type of problem recurs time and time again in Pennsylvania.
The Board decided that a clerk in an office is not an independent contractor. However, they failed to consider that she quit.
Only the referee and Board decide which side is credible. The court will not re-consider which one to believe.
Should the employer be able to use evidence of misconduct which was not discovered until discharging her for something completely unrelated?
Got angry and cussed when he surprised that his paycheck had been garnished by the IRS.
A dishwasher with a poor attendance record was fired when she missed work to take her 6 year old foster daughter to the daughter's grandmother's funeral. She collects.
Because she did not participate in the hearing she did not get to tell her side of the story. No new facts can be considered now.
While collecting unemployment, she started a business, and she had some medical problems. As a result, four years later, the department wants wants her to pay back all the benefits she received.
Quit one of his two part time jobs in hopes of getting a full time job with the other. Things didn't pan out.
A hospital worker used patients' drink coupons to get free drinks in the cafeteria. But the patients gave them to her, so it's not misconduct.
Rehab. Last chance agreemment. Failed alcohol test again.
She took twenty five grand and early retirement, so she does not collect unemployment.
Fired even though the breathalyzer showed him well under the legal limit.
Quit because the owner sexually assaulted her.
He appealed. Then he withrdrew his appeal. Then he appealed again. But this time, his appeal was too late.
Loud arguments with colleagues.
She complained about the supervisor, but never mentioned sexual harassment. So when she quit, she could not collect.
She was convicted of theft for something she did off the job, so the store where she worked fired her. She does not collect.
A prison guard suspected that another prison guard had some prisoners assault another prisoner as punishment; but he did nothing to stop it, because he was afraid the other guards would get back at him.
What a snafu! She was denied Unemployment because she didn't earn enough in the base period. She did not not appeal within 15 days. Then they sent her a second denial, on the same grounds, but with a different earnings figure. This one she did appeal. But she didn't show up at the hearing, so she lost. She appealed this. Again, she didn't show. She appealed this. Now, she showed, but they said they wouldn't listen because she missed her first 15 day chance to appeal. The court tells the state agency they should listen to her.
When accused of abusing a nursing home resident, she quit.
A PennDOT equipment operator failed his drug test. The test does not look for cocaine; it looks for a by-product of the drug. On that grounds, the guy wants to collect.
A carpenter was a single parent with a two-year-old. He advised his employer at the time of hire that his work schedule had to conform to her day care schedule, and the employer agreed. When assigned too far away, he quit. He collects.
Her appeal was late because her attorney filed it late. That not infrequently happens. She thinks the fact it wasn't her fault should entitle her to a late appeal. It does not.
Four hundred bucks worth of calls to Jamaica on the company phone.
She said "I strongly object to supporting whores on welfare." This court says voicing that objection is misconduct.
She won her case. The court ordered the UCBR to pay for her lawyer. But now the UCBR appeals. It turns out that, unless the court can show that the UCBR's conduct was "dilatory, obdurate or vexatious", the UCBR does not have to pay, even when they lose in court.
She had to quit to preserve her retirement health benefits.
Her benefits are reduced to nearly nothing because of a technicality in the extended benefits law.
A crossing guard may not collect unemployment during summer vacation.
Her job was shipped overseas. That meant she qualified for "Trade Readjustment Assistance". She started a training program at a community college. She lost benefits because the program included a Christmas break more than two weeks long. The court agrees.
His lawyer says he emailed an appeal long before the deadline. The Department says they didn't get it until well after.
She was harassed. She complained to the owner. He worked to solve the problem. She quit anyway.
His severance was subtracted from his unemployment benefits, leaving him with no benefit.
Tardy, absent, insubordinate, fired. Now she claims harassment.
Says he never got a chance to testify at the telephone hearing because the referee never called him.
Again, it's the referee at the hearing who decides which witness to believe. The court will not re-weigh the testimony.
He tested positive for drugs before, and went through rehab, and passed two more tests. But he failed the third test. When the employer confronted him, he didn't deny using drugs (though he later said he did). So they figured that meant he admitted it. The court agrees.
McIntyre (dissent)
This judge says that silence is not always an admission.
Violated a "last chance agreement".
They say she used the company computers to start a business in competition with the company. Her attorney makes blanket statements that the referee made this or that error, but gives no evidence.
She thought she was on vacation. They thought she was AWOL.
She quit claiming sexual harassment by one man. But the board said that the incidents she cited all happened during a period when she and that man were having an affair.
She quit because of stress. Women often think this is a compelling reason to quit. It is not.
Had to quit and move away after divorce.
She cannot receive both Temporary Extended Unemployment Compensation (TEUC) and Trade Readjustment Act (TRA) benefits. The one exhausts the time she is eligible for the other.
A heated argument with the service manager made a technician sick. So he went home.
He appealed too late because he was waiting for certain documents. Too late.
A waitress quit when the restaurant required her to bus tables, clean dishes, make desserts, etc.
Mercy Hospital
A phlebotomist left the hospital at the end of her shift. Unfortunately, this left the hospital without a phlebotomist. They fired her for refusing mandatory overtime. But she did not refuse overtime. She just left at the end of her shift.
An injured SEPTA worker, when transferred to a more distant job, called in sick, but would not go to the company doctor for evaluation.
"The Vice President/COO told Claimant that she was a strong female and that she needed to show more emotion and use the feminine side of her personality." This is construed as sexual harassment.
Quit to take care of her grandchildren.
Let his assistant back the company van into a tree. Quit when required to pay half the damages.
The question is, did he have a good reason to refuse an offer of employment.
Repeatedly gave conflicting explanations after an item went missing.
She is an independent contractor, and therefore cannot collect unemployment.
He was told that his pending appeal was holding up his benefits, so he withdrew his appeal. Now, he cannot appeal a second time.
They say she yelled at a colleague.
An MRI tech failed to log an incident with a leaky IV.
Failed a drug test after eating a poppy seed roll and taking cough syrup. Went to the doctor and repeated the test before and after eating a poppy seed roll, to demonstrate the effect.
This satellite dish installer is an independent contractor, and not an employee, and is therefore ineligible for unemployment. Cases that attempt to establish independent contractor status are common; cases that succeed are rare.
Incompetence is not misconduct.
A worker fired for poor performance is not eligible for temporary extended unemployment Benefits.
A whole lot of difficulties over how a performance improvement plan is implemented.
She was fired for misconduct. She applied for Unemployment, and was denied. She appealed. But before the hearing, she sent a letter saying that, since she had enlisted in the Navy, she wanted to drop the whole thing. The referee decided to hold the hearing anyway. She was not there. She was judged to have committed the misconduct. She wants to set the record straight. The court says the referee was wrong to hold the hearing.
She admitted to selling liquor to minors. Nevertheless, she collects.
. She could no longer perform her duties. The nursing home offered her a lighter duty job at far less pay. She refused the pay cut. Despite the pay difference, the court says she doesn't collect, because they offered her work.
Mountain Home Media
When an appeal is faxed to the department, the date of the appeal is the date when the department claims it was received, and not th date of the fax! So they have the fax transmission confirmation, the fax cover letter, the appeal itself... but none of these trump the fact the department claims not to have received it until a week later.
Just because he cannot work for his supervisor does not mean he is unavailable to work for someone else.
A truck driver got a ticket for not wearing a seat belt. He did not report the ticket to the employer.
A new nurse made dangerous medical errors.
Quit to take a severance package; but collects because she was told beforehand that she would be laid off.
Any gaps in the "chain of custody" of a drug test sample should go to the wieght of the evidence and not to its admissibility.
The referee at the hearing decides who to believe. The court will not re-weigh testimony.
The Board decided he didn't steal anything, and that's that. The Board always decides who to believen and the court will not second guess them.
Her live-in boyfriend was transferred to another town. She quit to follow him. If they had been married, she could collect. Since they are not, the court says she can't.
She had a bad knee. She aggravated it unloading a truck. The employer had no light duty work, and advised her to resign.
She sent a rather innocuous email, which the employer objected to. She doesn't collect.
A member of the Board of Assessment was denied benefits on the grounds that his was a "major nontenured policy making or advisory position"
Believed that ongoing contract negotiations would reduce his pension unless he retired by a certain date, so quit.
They fired him because he falsified his time card. But that's what the supervisor had told him to do.
An employee of an insurance company used their computers to identify the owner of a car which nearly hit his girlfriend.
Her company was bought and restructured. Her bookeeper job was eliminated, but she was offered another job in payroll. She politely resigned. Now, she claims she quit because of sexual harassment.
Fired for using vulgar language to a colleague.
The plant closed in March. She did not apply for a new job until October. Therefore missed a deadline for Trade Adjustment Assistance.
Handed in his keys and said he quit. Then came back next day and said he was giving two weeks notice.
Her husband relocated to improve his career. She quit to go join him. Does not collect because he was not forced to move.
First, three written warnings for attendance. Then, she broke her toe and failed to bring a doctor's note. She does not collect.
A police officer was fired for instigating a mentally handicapped person to make suggestive remarks to a female officer. But the cioty cannot prove it.
Coming in late and leaving early.
Received both regular and extended benefits for the same weeks. Now the Department wants the money back.
His appeal to the court is dismissed because it does not describe the issue at question.
Two workers got to arguing and cussing.
Poor performance is not wilful misconduct. However, the dessinting opinion points out that not doing your assigned tasks is.
Bad temper.
Non-tenured major policymaking or advisory positions with any state institution are not allowed Unemployment, except at state colleges.
Argued with managers. Wouldn't look them in the eye when told to. Wouldn't leave when he was told to.
Told she would never be eligible for raise nor advancement. Offered a severance package. Took it.
He was welding inside a steel bin when some knucklehead started hammering on the outside. He climbed out and shoved the guy. He was fired. He collects.
Peters et al
Whether they can collect depends on whether the court decides this is a lockout or a strike.
At 4, she got a call that someone had broken into her home. She ran home to check. When she got there, she found that a relative had been murdered nearby. She came back and punched out at five. They fired her because she left at four and didn't punch out until five.
After 38 years, he quit while out on strike because he thought the new contract would reduce his health benefits.
A food inspector caught MRSA and after some confusion, he had to quit. Now he cannot collect unemployment.
After 38 years, he quit while out on strike because he thought the new contract would reduce his health benefits.
Piunti et al
A person who is not a lawyer may help an employer at an unemployment hearing. Here, a group of lawyers try to get the court to require the employer to hire lawyers. The court refuses. Compare Harkness, above.
He appealed too late because he was in Brazil when the notice was mailed to his home in Canada.
A transit driver lost his license because he owed a ton of child support. Now he cannot work, nor can he collect unemployment, nor can he pay child support.
Pope & Talbot
Negotiations reached an impasse. The employer says it's a strike. The workers say it's a lockout. The court says they collect.
A woman was fired for making a remark which another worker took as a racial affront. The court says she should collect, because she obviously didn't mean anything by it.
Poplin - dissent
this judge disagrees.
The employer bent over backwards to accomodate her disabilities, but she was dissatisfied and quit.
The boss kept cussing him out, so he quit.
Port Authority
They took an early retirement package. But the retirement was for a future date. They had not yet retired when they were let go.
While out of work a year and a half on medical leave she also collected unemployment.
Even though her entire department was laid off a few weeks after she took a retirement package anticipating layoff, they still say she had no good reason to quit because she didn't know she would be laid off.
She cannot collect unemployment because she was employed by her son.
Quit because of stress.
She quit and moved to Florida to be with her "domestic partner", who moved to Florida to be with her son. These women are not married, nor was the move for any compelling reason, and so she cannot collect unemployment.
The boss told him to report to another assignment when he was done there; then fired him for not reporting to the other assignment. But he wasn't done there yet.
Ate some leftover chicken from the kitchen.
At the end of the school year, a long-term substitute teacher is offered employment next year as a per diem substitute teacher. Despite the change, he may not collect unemployment during the summer.
His case is thrown out because his brief is so ill written.
A meter reader took care of personal business instead. The issue is that the documented misconduct was two and a half months before they fired him.
A customer dropped a credit card. She found it and used it.
A supervisor at a nuclear plant refused to take the same drug test everyone else there takes, saying because he was management he shouldn't have to. He was fired. The court says he doesn't collect.
The Board is the ultimate fact finder. The court will not re-weigh evidence.
Appealed eight months too late.
It is remarkable how frequently an appeal handled by an attorney gets filed too late.
He took an early retirement package, anticipating a layoff. That is a voluntary quit.
The policy manual says he had to tell them of any conviction. They fired him for pending charges; not a conviction.
Progressive discipline for tardiness.
She was supposed to get on the job training, but they didn't have time. They say she quit; she says she was fired.
Renda et al
A union contract requires the company to proffer a severance package when layoffs are annouced. The company proffered a severance package.
County policy prohibits its employees from receiving gifts from county clients. A client bequeathed money to a social worker. He declined it. The money went to her sister. But then the sister died, leaving $600k to the social worker. He accepted it. A year later, he got fired for it.
He was injured, and collected Workers Comp. Then he went back to work. Then he claimed injury and collected again. The employer went to court to prove that he was malingering. Thus, his Workers Comp. ceased. So now he applied for Unemployment. By now, he had not worked in so long that he had no earnings in his base period. So they will move the base period back to before the malingering.
The department now appeals to PA Supreme Court, which agrees with them.
She did not present her witnesses at the hearing; it's too late now. And her appeal was too late too.
Resigned when her performance was criticized.
After his "partner" died, this mailman locked himself in his room and didn't come out, even to eat, much less to go to work.
While he was hospitalized two weeks for suicidal depression, he did not call in sick to work. He collects.
She told the nursing home she could not longer work Sundays.
The department claims not to have received his appeal in time.
The bartender lit a shot and served it. The customer drank it lit and burnt himself.
The company paid him relocation expenses when he moved from another state to start work. Are these payments wages for the purpose of computing unemployment benefits?
In a hurry to get ready for an on, then off, then on again field trip, one of her retarded clients wore slippers instead of shoes. Also, she packed raw carrots instead of cooked.
She filed her appeal by email. The department claims they didn't receive it.
Said she would quit. Didn't come back. Now says she didn't quit.
After a mechanic lost his job, he opened a repair business at home. Now he can't collect unemployment because he is self employed.
He developed a computer program at home which the employer used. They didn't want to pay him for it.
Prescription medication made her confused and lethargic, so she slept most of two days. Yet she was fired for not calling in absent during those two days. Can you see the contradiction? Neither the board nor the court do.
She worked 9 to 3, two days a week. They asked her to work 9 to 5, two days a week. This created childcare problems. So she quit.
Smoked pot on company property.
While on unemployment, Immigration gave him the run-around and his green card expired. That means he is not available for work; therefore not eligible for unemployment.
Employer downsizing. Took an incentive package to quit.
A bank teller repeatedly came up short in her till. The bank had a specific signed policy for what was allowable. She far exceeded it. She was fired. The court says she collects because she did not come up short on purpose.
The employer directed her to be honest to a certain authority. So when she told the authority about something the employer didn't want them to hear, that was not misconduct.
For one reason and another, the department delayed awarding him benefits for a year. This delay moved his base period forward, which made his benefits expire early.
They say she did; she says she didn't. Only the referee at the hearing gets to decide which one to believe. The court will never decide credibility.
Temporary Extended Unemployment Benefits are available for workers displaced because airlines were affected by 9/11 attacks.
A Philadelphia policewoman failed her drug test, resigned on her union's advice in order to save her pension, but thinks she should collect unemployment. The court says no.
A new twist on the old five fingered discount.
She worked on a farm. She got laid off. Farm workers do not collect unemployment unless the farm pays more than $20k in wages or wages in 20 weeks to 10 people.
When the employer moved ten miles farther away, it caused her daycare problems; so she quit. The court says she didn't try hard enough to find an alternative.
She applied for benefits in Pennsylvania, where she lives, because PA pays better. But she should have applied in Delaware, because that's where she worked.
She was laid off by a previous employer. She applied for kitchen work at a nursing home. She was offered nurse's aide work there. She passed a physical, but she found her back was not up to lifting patients. She quit. The court says she collects.
Said she wanted to quit, was talked out of it, went on sick leave, came back, said she quit, then changed her mind.
A truck driver has an unpaid ticket in a far away state. The employer wants him to pay it. He wants assurance he will have a job to pay it with.
He was licensed to carry a pistol. He carried it to work.
Schott Glass
Strikers collect unemployment because the employer changed the insurance specified in their contract. This change is deems the strike a lockout.
A conflict with a colleagues led to a meeting with the boss. She brought a hidden tape recorder to that meeting.
A school clerk cannot collect unemployment during the summer break.
Scozio Enterprises
Workers at a grocery store went on strike. The store hired replacements. The strikers collect.
He signed a contract agreeing that he'd be terminated if he didn't make a sales quota. Doesn't matter; you cannot sign away your rights to unemployment benefits.
This transit system has two unions. Both contracts were up. One union offered to extend the contract. The transit system said no. The other went on strike. The transit system told the non-striking union there was no work while the strike was on. The court says those members collect.
IMG SRC="../../graphics/greybutn.gif"> Shade
He did not admit he failed a drug test; he only said he was told he failed a drug test. What's more, no test was ever put into evidence. And yet the court says that's enough!
He pocketted cash. He admitted it. It's unclear why, after admitting theft, he appeals this to court.
Car troubles made her late to work.
Angry profanity violates their policy.
A police recruit had trouble breathing when jogging, so she quit.
Time and again we see cases where an employee takes a voluntary separation package when layoffs are imminent -- only to find they can not collect unemployment because they quit.
Appealed, but missed his hearing. Thinks they should hold the hearing again. Not going to happen.
For four years straight, she was never paid on time. When the employer fell a month behind and wouldn't pay up, she finally quit. Why does she have to appeal this all this way in order to collect unemployment?
He took a job 66 miles from home, hoping to get transferred closer to hom. Could not get tranbsferred, so quit.
Appealed, but missed his hearing. Thinks they should hold the hearing again. Not going to happen.
She says she was able and available for work. Unfortunately, she had filled out an internet form saying she was not.
A truck driver and his wife always drove together. When he broke his wrist, she had to drive. But she refused to take his load to New York. Instead, she drove to the yard, handed in the keys and gas card, and went home. But she says she did not quit.
Quit because the union rep told him there was a strong possibility he would be fired.
The day before the hearing, her lawyer faxxed a request for a continuance. Because it was just one day before, the request was denied. Because the fax machine cut off the attorney's phone number, nobody bothered to let either her or the claimant know it was denied.
Skrzysowski et al
Striking nurses refuse to return to work.
Failed a random drug test. Baffled. His offer to take another test was refused.
Fired for chewing tobacco.
Repeated incidents while driving the company truck. But were they intentional? As the dissent points out, here the court seems to diregard the willful part of willful misconduct.
A Protestant minister at a Catholic hospital was accosted by a Catholic staff member, so she quit. She does not collect.
Took his goggles off just before the pump blew up and sprayed him with acid.
She said she had permission; the employer said she didn't. The hearings referee decides which side to believe.
Got lost in a rainstorm on the way to her hearing, so never got to tell her side of it.
Rarely does a worker pass all the tests to be regarded as an independent contractor ineligible for unemployment benefits. Here is one such case.
Once again, the department claims it did not receive an appeal before the deadline. The man's lawyer testifies he sent it in time. But when you say you sent it doesn't count. It appears the only thing thaty counts is whether the department admits to having received the appeal. This type of thing happens time and time again in Pennsylvania. The court says: "...the filing date is determined by the date of the official United States Postal Service postmark on the envelope containing the appeal..." Here is the problem: Who has the envelope with the postmark? The department, if they admit they received it; nobody if they do not.
If he had rescinded his resignation before he left the job, he could have collected. Instead, he quit at the same time that he resigned, so he can't take it back.
Because neither side appeared at the hearing, the referee hod nothing new to go on.
Mental illness prevented her from filing an appeal before the deadline.
This is the very rare case where a company jumped through all the right hoops to ensure that the person they hired is construed as an independent contractor and not an employee on whom they would owe unemployment taxes.
Errors when submitting the payroll.
Late filing her appeal because misinformed by the local unemployment office.
The union contract agreed to direct deposit of paychecks. The paperwork required that he agree that if the company found it had overpaid, they had the right to withdraw the difference from his account. He would not sign the papers because he did not want the company to access his account. They fired him. He does not collect.
A therapist falsified his time sheet to bill the hospital for time he had not worked. He claims his supervisor suggested it. But regardless who suggested it, he did it, so he still does not collect.
Received both regular and emergency benefits for the same weeks. Now the Department wants her to pay the money back.
For every dollar he receives in pension, his unemployment benefit is reduced by one dollar.
Sterling Limousine
This company succeeds in establishing that its drivers are independent contractors, on whome the company does not owe unemployment taxes.
Inadvertently left four night deposit bags in a wastebasket. Not ineligible because of accidentally leaving them there; but ineligible because she should not have put mthem there in the first place.
Self Employment Assistance benefits are followed by Temporary Extended Unemployment Compensation.
They wrote him up, numerous times. He cussed out the boss. They fired him. He does not collect.
Seems like one staffing agency lent her out to another one... Which one does she report to for a new assignment?
The fact the Department says it mailed a hearing notice trumps the fact he says he never got one.
They kept the office so cold that she got sick.
Inadvertently continued to collect unemployment after finding a new job. Quit the new job because there was no money in it.
Not eligible for unemployment because he has a business on the side.
He marked down a price to get the sale, and said the assistant manager had okayed it. But the assistant manager was on vacation that day.
Her sister cared for their disabled brother. Her sister dislocated her shoulder. So she had to quit to care for her brother.
Her husband's job required he be in Kentucky. They lived apart and commuted to visit one another. After 9/11, commuting became difficult. So she quit to live with her husband.
He had a couple of altercations with unruly students, so the school fired him. He does not collect.
Summerville et al
Two sewer workers were elected township supervisors. They quit their jobs when the township bought the sewer company, because it was against the law to work for a township company while holding office. The court says they should not collect.
This is a douibly unusual case, in that the court not only appears to re-weight the evidence, but also grants benefits to someone who took an early retirement package.
When he applied for unemployment, he said he had been laid off. But the employer says he quit. Now he has to pay back the benefits he collected.
He said they owed him over $20k in expenses for which he had no receipt. They handed him a new contract to which he would not agree. Because he would not sign it, they said he quit.
She took early retirement and 25 grand. Now she collects Unemployment. Many others have tried to collect after early retirement without success.
He falsified sales records to get a bigger bonus.
Company policy required that if she was going to be out she had to find someone to fill in. But she was out ill, so she could not.
If a worker does his best but performs poorly, then that is not misconduct. But when he performs poorly because he does not do his best, then that is misconduct.
When they hired him, he was promised he could choose his shift. Later, they required him to work nights. He quit.
He never was able to pass his certification exam. But because the employer gave him so much time to pass, he is now eligible for unemployment.
Some confusion between the attendance policy and the tardiness policy.
Her lawyer has a fax receipt showing that her appeal was filed in plenty of time; but the unemployment department says her appeal was too late because they did not receive it until two months later. Where was this fax all this time?
Hurt his hand at work, was admitted to the hospital, called off that day, but did not call off the next two days.
A simple misunderstanding.
Job dissatisfaction is not a good and compelling reason to quit.
Failed a drug test. But says he should collect unemployment because employer policy only prohibits drug use on the job, whereas he got high at home.
A substitute teacher's son was suspended for ten days. She went to pick him up, then stopped on the way back to buy shoes. Arrived late.
Refused to drive her assigned van because she thought it was unsafe,
Quit because someone told her that "MF" had put a contract out for her life. Can't say who told her.
A USPS printed barcode does not satisfy the requirement that appeals be postmarked before the deadline.
A bank teller was on medical leave when the bank merged. She was offered a supervisor's job with more responsibility, or a severance package. She chose the severance, because she didn't want the additional responsibility. She signed a resignation, and applied for Unemployment. The court says she does not collect because she never actually tried the new job to find out how much more responsibility it would be.
Workers compensation benefits are not counted as base year earnings because she didn't go right back to work after her workers comp claim.
US Steel Clairton
In order for employees to receive only a 50% pension offset from their unemployment benefits, there must be a line-item deduction appearing on the pay stub or a specific provision in the pension plan indicating a contribution to the pension fund has been made by the employee.
When the general manager yelled at her and wouldn't calm down, she sensibly got up and left the meeting.
Van Buskirk
She agreed she made errors. She was doing her best to correct them. Her attitude was not misconduct.
Van Such
The referee decides who to believe. It does no good to argue the same stuff all over again to the court. They accept the referee's findings.
This flag car driver is an independent contractor, not an employee. Therefore, he is ineligible for unemployment benefits.
Cussed, yelled at, and threatened the boss.
They say that his performance suffered because he ducked sales meetings.
Their union contract states gives workers with more seniority the right to assume the jobs of workers with less seniority during a layoff. She was laid off and did not take advatage of this right. The court says that's the same as a voluntary quit.
"Family obligations can be sufficiently necessitous and compelling to entitle a claimant to unemployment compensation benefits."
Quit to move to Oklahoma with her boyfriend.
Quit because she thought she was going to be fired.
Three partners owned a third each of the shares. Two partners ousted the third. He cannot collect unemployment because he is an owner.
The treasurer of the corporation kept on grabbing her butt, and she couldn't get him to stop. Finally, he stuck his hand up her dress and grabbed her boob. She told the president she would not work with him any more. The president said she had to. So she quit. She collects. Of course. What was he thinking?
A DMV clerk fired for snooping into confidential DMV records of a fellow he thought was fooling around with his wife.
He failed a drug test, was sent to rehab, failed again, and got fired.
The barber shop contends that this barber is an independent contractor and therefore not eligible for unemployment benefits.
Cannot collect unemployment because he accepted an early retirement offer.
A tool went missing. He indicated he knew something about it, but would not tell. The employer demanded he pay for the tool. He quit.
Poor performance is not wilful misconduct.
"The standard of review is not whether Claimant has presented substantial evidence to support her claim, but whether the UCBR’s findings of fact were supported by substantial evidence."
Refused to return to work under probation. Says that amounts to being fired.
The boss told her to "get out and leave", but now says she quit.
A flagman had trouble getting paid. His check was short eight weeks in a row. He complained. The employer's local office made promises, but never solved the problem. They wouldn't give him the phone number of the pay office. He quit. The court says he collects Unemployment.
A security guard was fired for insubordination. He lost at the claims office and at his hearing. He sued for another hearing. The court denies him, and makes him pay court costs.
Be careful what you say. When apparently confused by a bunch of legalese, this claimant replied "I guess so". Therefore, she lost her chance.
Accepted an early retirement offer.
Her job was eliminated. They offered her a different job with the same pay and benefits. She quit.
"A nine-month absence due to incarceration clearly constitutes excessive absence." and "Claimant had an obligation to report to work regardless of whether Employer agreed to participate in the work release program. "
Repeatedly ignored requests for progress reports on a priority project.
Failed to return after leave expired. Claims harassment.
A delivery driver who had his leg amputated never let the employer know when the doctor released him for work; just assumed he would be out of a job.
Does not make the referee believe that he has a compelling reason to quit.
A transit worker was fired for failing a breathalyzer. He claims he should collect because the woman who read the breathalyzer was not an expert. The court says she doesn't have to be an expert, so long as she is qualified to run the test.
Girls at a sorority complained of their cook's "unappetizing food, whining attitude, and raging complaints."
Yelled at the HR person.
Hearsay evidence stands because she did not attend the hearing and so she did not object to it at the time.
He says he was told to leave. The supervisor says he doesn't think he told him to leave. The referee believes the supervisor.
This man's job was shipped overseas. That meant he qualified for "Trade Readjustment Assistance". He started a two year training program to learn a new job. He got 26 weeks of regular Unemployment, plus 26 weeks TRA. So his Unemployment when his training was only half done. He wants more. The court says no.
She says a co-worker harassed her. She told on him. A light bulb broke overhead, raining glass on her. She claims he broke it to pay her back for telling on him. She quit. The court says she does not collect because she did not follow procedures.
Demoted, she quit. She collects because her demotion was caused by a misunderstanding.
This dissenting opinion reasons that she should not collect because, though demoted, she is paid the same.
A black woman is fired for referring to children of mixed race as "zebras". The court says: "it is irrelevant whether or not she also intended it be offensive." One judge writes a lengthy dissent. Nowhere in either opinion or dissent is freedom of speech ever mentioned.
Refused to talk to her employer about it.
Did not show for work, did not appeal in time, did not show for hearing.
Health problems leave her unavailable for work.
He repeatedly tried to get his doctors to send the required documentation. But they letters they sent were not to the point. That's not misconduct on his part.
They says she kicked a child. She says it was self defense.
The court will not re-weigh the evidence nor the credibility of witnesses.
Felt ill, went home, didn't tell the right person that she was leaving.
The court just doesn't see where things were bad enough she had to quit.
Refused to take a drug test.
Zappono et al
These union members think they should collect unemployment on the grounds that SEPTA's refusal to accept binding arbitration constituted a lockout.
Claims she filed her appeal by email. The department claims they didn't get it. Too late now.
A full time teacher was only offered a substitute job for the next academic year. Does she collect unemployment between substitute stints?
A non-compete agreement at a previous employer gets her bounced from the next employer.
It appears that he qualifies for Temporary Extended Unemployment Benefits, but in the amount of zero bucks.
This exam proctor is an independent contractor.
© Unemployment Tax Advisory Corporation 1 800 998 8822