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Pennsylvania Unemployment Case Law

Research the Pennsylvania Court System

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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.
Anderson: "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.
Andrews: 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.
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.
Arbster: 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.
Artis: 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.
Ascheim: 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.
Auberzinsky: 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.
Baer: She owned half the pizza franchise, so she cannot collect unemployment. (They did, however, gladly tax her wages.)
Baglivo: He ran a forklift into a duct, causing an explosion. He does not collect.
Baldauf: The boss told her look for another job. So she did. But on company time and using the company computer.
Baldwin: They apparently resented his college education. So they harassed him until he quit.
Balough: He started a business in direct competition with his employer, and tried to get his employer's clients for himself.
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.
Bargeron: 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.
Barron: She said "take this job and shove it" and stormed out.
Beacham: 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.
Becroft: He falsified "upselling" records to increase his bonus.
Bell: 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.
Benini: 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.
Bernstein: A telephone rep logged off the phone system for two hours.
Betz: 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.
Bitonti: 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.
Black: 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.
Blicha: 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.
Bowen: A hygienist did not get along with the dentist she worked for, so she quit.
Brady: He went to church instead of working Sundays, and did not find a replacement. He does not collect.
Bramblett: Had to call off work because her child fell ill. Called in, but did not find a replacement.
Brannigan: A nursing assistant came in smelling of alcohol. He would not submit to a test.
Brenneman: Quit because he thought the job site was unsafe. Does not collect because he did not tell the employer about the unsafe conditions first.
Bridgeforth: Hurt his back at work. Doctor told him stay home. Did not respond to employer's attempts to contact him.
Broadus: 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.
Brocius: A PenDOT employee invented a device useful to PenDOT operations; then patented it.
Brophy: She falls just barely short of qualifying for unemployment because some of her wages were earned from her son.
Brown: Her job was to resolve incidents of racism. But she could not resolve her own. So she quit. The Board "capriciously disregarded" the evidence.
Brown: Once he had exhausted his sick leave, the employer told him to quit.
Brown: 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.
Brown: The court is not sure whether he earned just bareley enough to qualify for unemployment or whether he earned just too little.
Brunori: She would not clock out for lunch.
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.
Burchell: 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.
Burger: 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.
Calabrese: 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.
Camara: 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.
Campbell: 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.
Casciano: She collected unemployment while working for someone else. Now they want her to pay it back.
Cassidy: Fired by a priggish system for telling a few harmless jokes.
Caterpillar: 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.
Cedeno: 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.
Charles: She quit when she was demoted.
Chavez et al: Teachers walked out when their new medical plan had higher deductibles. They collect.
Chiccitt: A flight instructor fights for Temporary Extended Unemployment Benefits intended for workers displaced by 9/11
Chishko: 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.
Civitarese: 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.
Clay: Quit in response to racial slurs.
Collins: A new manager wanted things done differently. He would not comply.
Comadena: After forty years, they fired him for being absent 11 times in 11 months. He had good reasons.
Comitalo: A cake decorator quit because the cook kept grabbing her butt. She collects.
Conroy: Major policy makers and non-tenured advisors are not eligible for Unemployment. A police chief was denied benefits because in the job manual he himself wrote, he is described as a policy maker, and did indeed write policy for the department. This court decision gives him benefits anyway.
Cooney: He collected taxes for a borough, a school district, and a county. This makes him an independent contractor, ineligible for unemployment.
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.
Counsel: 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.
Craighead-Jenkins: They squabbled. She resigned. She does not collect.
Crawford: Horseplay is construed into sexual harassment and used as pretext for firing a fellow three years later.
Curran: He was fired for surfing the internet.
D'Alessandro: He is still employed as a school bus driver. But he wants to collect unemployment anyway.
Daman: A substitute teacher may not collect extended unemployment benefits for a period when he was not eligible for normal unemployment benefits.
Damas: A nurse assistant at a nursing home falsified reports to make it look as though a patient was receiving therapy which he was not.
Daniels: A couple of colleagues caught smoking pot said he sold them the pot. Thus they kept their jobs; he lost his.
Daugherty: Thrice caught sleeping on the job. Says she has a medical condition.
Dausch: While collecting Unemployment, this attorney hung out a shingle and opened his own office. He collects.
Davila: 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.
Deal: Her brief to the court is not stated clearly and completely.
DeCoskey: She worked in a nursing home. She accepted $3,000 from a resident.
Deonis: Repeatedly tardy; she says she has good reasons.
DeRiggi: A hospital maintenance man allowed a colleague to steal curtain tracks.
Derry: A YMCA child care worker got in trouble with the law over drugs.
Dewey: 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.
Diesing: Work gave her stress. So she quit. The employer offered her shorter hours, other work, etc. She did not take the offer.
Dijohn: 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.
Diveley: 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.
Docherty: 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.
Dorn: Repeated bureaucratic difficulty trying to get the state agency to pay attention to his wage records to determine eligibility.
Dorsey: She says she appealed too late because the form denying her claim never arrived in the mail.
Doughty: 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.
Draper: 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.
Dumberth: 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.
Durham: 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.
Ehman: 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.
Ellis: 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.
Employer's Unity: The employer says he was rude on the phone, but the Board says he was not.
Ensle: A telephone solicitor got stressed out when they insisted she repeatedly ask people who had already refused, so she quit. She collects.
Erard: 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.
Eschbach: 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.
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.
Finch: 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.
Finfinger: 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.
Fitzgerald: 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.
Frable: He retired early because he could no longer do the physical work of a diesel mechanic.
Frazier: 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.
Fuge: 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.
Fultz: He accepted an early retirement package rather than undergo a background check.
Ganter: 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.
Garofano: He was caught chatting with a boy using the employer's computer. Later, when arrested for unlawful contact with a minor, they fired him.
George: 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.
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!
Gibson: A custodian took one discarded 3 1/2 inch floppy disk drive which he found in the trash truck. He was canned.
Givner: She said she was depressed and bipolar and that's why she was absent so much.
Glassmire: A community college instructor cannot collect unemployment between terms.
Glenn: Took company property. Lied about it. Blames it on racism.
Glover: 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.
Gold: 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.
Goppman: A limo driver who carries passengers to and from the airport fights for Temporary Extended Unemployment Benefits intended for workers displaced by 9/11
Goldstein: 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.
Graham: They hired a weatherman for State College, expecting he would relocate from Indana. A year later, he still commutes.
Green: 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.
Grieb: A gym teacher inadvertently took three shotguns to work. She does not collect.
Grunwald: 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.
Guthrie: He was not politically correct. They fired him. He does not collect.
Harkness: 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.
Harper: 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.
Havira: The administrator of a trucking school reported that students were attending when they were not.
Hawkins: 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.
Hempfling: 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.
Henderson: When the employer discontinued bonuses, she quit.
Higgins: 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.
Hodge: He was fired for practicing law without a license. He thinks he should collect.
Holt: She was an independent contractor. Therefore, she cannot collect unemployment.
Hopkins et al: They say it's a lockout. The court says it's a strike. That's why they don't collect.
Hora: 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.
Husdon: When children fought over toys, she put the toys in the closet. This is against the daycare's policy.
Jackson: An unproven allegation of child abuse forces the residence to fire the employee, but does not bar him from receiving unemployment.
Jackson: 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.
Jenkins: The employer claims he admitted he took things. The Board disagrees.
Jimenez: 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.
Johnson: 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.
Johnson: Quit because of hostile work environment.
Johnson: 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.
Jordon: 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.
Kalvesmaki: Hearsay is admissible.
Kane: A lawyer hung out his own shingle, but continued collecting unemployment while working for himself.
Karichner: 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.
Kelly: A prison guard is caught DUI with a suspended license.
Kelly: 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.
Kennington: 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.
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.
Kiehl: The cops called the post office and told them a mailman fired a pellet gun at another mailman's car. The post office put him on "no duty - no pay status", which sounds like an odd way of saying "you're suspended". Now he cannot collect unemployment.
Kirby: They fired him because he did not do what he was told. But he is hard of hearing and the instructions were vague.
Konkeil: The employer tried to stop the harassment, but it continued anyway.
Korpics: Quit when demoted to night shift.
Kreider: Only the issues raised at the Board appeal may be considered by the court. New issues are ignored.
Lammie: 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.
Lawbowski: She was a therapist at an Easter Seals school. She wants Unemployment between school terms. This court says no.
Leone: 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.
Lewis: 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.
Lindsay: 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.
Livingston: 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.
Long: 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.
Lowe: He is not eligible for Trade Readjustment Assistance because he did not promptly enroll in an approved job training program.
Lucas: They let her go for poor performance. Offered her anothert job, but two weeks later and at a lower rate of pay.
Lykens: The Board decided that a clerk in an office is not an independent contractor. However, they failed to consider that she quit.
Madden: 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.
Mannocchi: Rehab. Last chance agreemment. Failed alcohol test again.
Mansberger: She took twenty five grand and early retirement, so she does not collect unemployment.
Martin: She complained about the supervisor, but never mentioned sexual harassment. So when she quit, she could not collect.
Martin: She was convicted of theft for something she did off the job, so the store where she worked fired her. She does not collect.
Martin: 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.
Martyna: 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.
Martyna: When accused of abusing a nursing home resident, she quit.
Mason: 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.
Mauro: 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.
McCall: She said "I strongly object to supporting whores on welfare." This court says that is misconduct.
McCann: 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.
McCarthy: She had to quit to preserve her retirement health benefits.
McCaskill: A crossing guard may not collect unemployment during summer vacation.
McCaughe: 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.
McDonnell: She was harassed. She complained to the owner. He worked to solve the problem. She quit anyway.
McFadden: His severance was subtracted from his unemployment benefits, leaving him with no benefit.
McGeachie: Tardy, absent, insubordinate, fired. Now she claims harassment.
McIntyre: 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.
McLean: His lawyer says he emailed an appeal long before the deadline. The Department says they didn't get it until well after.
McMahon: She thought she was on vacation. They thought she was AWOL.
McNair: She quit because of stress. Women often think this is a compelling reason to quit. It is not.
McQuown: 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.
McWilliams: A heated argument with the service manager made a technician sick. So he went home.
Mele: 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.
Merit: An injured SEPTA worker, when transferred to a more distant job, called in sick, but would not go to the company doctor for evaluation.
Meyers: Did not show for work. Did not show at hearing.
Montgomery: A worker fired for poor performance is not eligible for temporary extended unemployment Benefits.
Morreale: 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.
Morrow: She admitted to selling liquor to minors. Nevertheless, she collects.
Moser: . 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.
Musser: A truck driver got a ticket for not wearing a seat belt. He did not report the ticket to the employer.
Navickas: A new nurse made dangerous medical errors.
Nelson: 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.
Nimitz: 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.
Nolan: She had a bad knee. She aggravated it unloading a truck. The employer had no light duty work, and advised her to resign.
Oaster: She sent a rather innocuous email, which the employer objected to. She doesn't collect.
Odato: A member of the Board of Assessment was denied benefits on the grounds that his was a "major nontenured policy making or advisory position"
Omari: They fired him because he falsified his time card. But that's what the supervisor had told him to do.
Orend: An employee of an insurance company used their computers to identify the owner of a car which nearly hit his girlfriend.
O'Rourke: 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.
Orrs: The plant closed in March. She did not apply for a new job until October. Therefore missed a deadline for Trade Adjustment Assistance.
Owens: First, three written warnings for attendance. Then, she broke her toe and failed to bring a doctor's note. She does not collect.
Painter: 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.
Pearson: Non-tenured major policymaking or advisory positions with any state institution are not allowed Unemployment, except at state colleges.
Perez: 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.
Petrill: After 38 years, he quit while out on strike because he thought the new contract would reduce his health benefits.
Pettyjohn: Surfed the net at work.
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.
Pollard: 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.
Poplin: 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.
Popoleo: The employer bent over backwards to accomodate her disabilities, but she was dissatisfied and quit.
Porco: The boss kept cussing him out, so he quit.
Prince: She cannot collect unemployment because she was employed by her son.
Putaro: At the end of the school year, a long-term substitute teacher is offered employment next year as a poer diem substitute teacher. Despite the change, he may not collect unemployment during the summer.
Raimondi: 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.
Rebel: 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.
Renda et al: A union contract requires the company to proffer a severance package when layoffs are annouced. The company proffered a severance package.
Rheinauer: 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.
Richards: 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.
Richards: The department now appeals to PA Supreme Court, which agrees with them.
Rigel: 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.
Roberts: While he was hospitalized two weeks for suicidal depression, he did not call in sick to work. He collects.
Robbins: She told the nursing home she could not longer work Sundays.
Ross: He developed a computer program at home which the employer used. They didn't want to pay him for it.
Rourke: 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.
Riuz: Smoked pot on company property.
Riuz: 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.
Rung: 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.
Russell: 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.
Ryan: Temporary Extended Unemployment Benefits are available for workers displaced because airlines were affected by 9/11 attacks.
Sanders: 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.
Schaal: 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.
Schaffer: 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.
Schnee: 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.
Schnitzer: 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.
Schroeder: A conflict with a colleagues led to a meeting with the boss. She brought a hidden tape recorder to that meeting.
Scozio Enterprises: Workers at a grocery store went on strike. The store hired replacements. The strikers collect.
SEPTA: 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.
Shain: He pocketted cash. He admitted it. It's unclear why, after admitting theft, he appeals this to court.
Shensky: A police recruit had trouble breathing when jogging, so she quit.
Shrum: A tech writer worked for a software company. That company was bought by another software company. The new company required her to sign a much stricter confidentiality agreement. She refused. They escorted her out the door. She says she was fired, and should collect. The court says she quit, and should not.
Sihsman: 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.
Skowronek: 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.
Smith: A Protestant minister at a Catholic hospital was accosted by a Catholic staff member, so she quit. She does not collect.
Spadaro: 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.
Sprague: Mental illness prevented her from filing an appeal before the deadline.
Stana: Late filing her appeal because misinformed by the local unemployment office.
Statler: 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.
Stefaniak: 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.
Sterling Limousine: This company succeeds in establishing that its drivers are independent contractors, on whome the company does not owe unemployment taxes.
Stine: Self Employment Assistance benefits are followed by Temporary Extended Unemployment Compensation.
Stoak: They wrote him up, numerous times. He cussed out the boss. They fired him. He does not collect.
Stulak: 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.
Sturniolo: Her sister cared for their disabled brother. Her sister dislocated her shoulder. So she had to quit to care for her brother.
Sturpe: 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.
Subashi: 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.
Taylor: 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.
Taylor: 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.
Teeters: She took early retirement and 25 grand. Now she collects Unemployment. Many others have tried to collect after early retirement without success.
Terrick: He falsified sales records to get a bigger bonus.
Thompson: 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.
Topeck: Hurt his hand at work, was admitted to the hospital, called off that day, but did not call off the next two days.
Turner: 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.
UGI: A USPS printed barcode does not satisfy the requirement that appeals be postmarked before the deadline.
Unangst: 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.
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.
Vaughn: This flag car driver is an independent contractor, not an employee. Therefore, he is ineligible for unemployment benefits.
Vlasic Farms: Mushroom workers are not considered agricultural workers, and therefore do not come under the same exemptions.
Vu: 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.
Walsh: Three partners owned a third each of the shares. Two partners ousted the third. He cannot collect unemployment because he is an owner.
Walsh: 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?
Walton: He failed a drug test, was sent to rehab, failed again, and got fired.
Ward: 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.
Warwick: 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.
Watkins: 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.
Watkins: Be careful what you say. When apparently confused by a bunch of legalese, this claimant replied "I guess so". Therefore, she lost her chance.
Weber: When they reduced his hours from 30 to 25, he quit.
Wesley: 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.
West: Girls at a sorority complained of their cook's "unappetizing food, whining attitude, and raging complaints."
Wilkinson: 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.
Williams: 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.
Williams: Demoted, she quit. She collects because her demotion was caused by a misunderstanding.
Williams: This dissenting opinion reasons that she should not collect because, though demoted, she is paid the same.
Williams: Another worker provoked her, so she punched her.
Williams: 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.
Wise et al: They all took an early retirement when the company downsized. But each took his pension in a lump, and rolled it over into another retirement plan. The state wants to reduce their benefits by what they would have received if they had taken the pension monthly. The court says no.
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.
Zielinski: A full time teacher was only offered a substitute job for the next academic year. Does she collect unemployment between substitute stints?
Zimmerman: A non-compete agreement at a previous employer gets her bounced from the next employer.
Zimmerman: It appears that he qualifies for Temporary Extended Unemployment Benefits, but in the amount of zero bucks.
Zuba: This exam proctor is an independent contractor.