Wednesday, May 19, 2010

UC - voluntary quit - abusive conduct, cursing by employer

Karpowich v. UCBR - Cmwlth Court - May 19, 2010 - unreported memorandum opinion

Grant of benefits upheld for claimant whose employer cursed at him on numerous occasions.

An employee who is subject to unjust accusations, abusive conduct or profanity at the workplace has adequate justification to terminate employment and avoid disqualification provided notice of the conduct has been given to the employer. Moskovitz v. UCBR, 635 A.2d 723 (Pa. Comwlth. 1993), citing Forty v. UCBR, 447 A.2d 1078 (Pa. Cmwlth. 1982); Willet v. UCBR, 429 A.2d 1282 (Pa. Cmwlth. 1981). If the employer is already aware of the problem, notice may not be required. Danner v. UCBR, 443 A.2d 1211 (Pa. Comwlth. 1982).