Friday, August 17, 2012

UC - vol. quit - abusive language by employer

Vito Rinaldi Chevrolet v. UCBR - August 16, 2012 - unreported memorandum decision (2-1)

The court remanded the case for findings about the employer's offer of other employment but sustained the board's findings that claimant had good cause to quit because of abuse language by a supervisor on two separate occasions. ("If you can’t handle your customers, there’s the F’in door.". . . "you know what F you. F you and F your 17 cars you sold last month, I’m tired of it, F you."

Profanity in the workplace and abusive conduct may present adequate justification to terminate one’s employment, and a claimant need not be subjected to such language or conduct indefinitely. Porco v. Unemployment Compensation Board of Review, 828 A.2d 426 (Pa. Cmwlth. 2003). However, a claimant must make a reasonable effort to maintain his employment, such as informing his supervisor of the offensive or abusive conduct. Id. See also First Federal Savings Bank v. Unemployment Compensation Board of Review, 957 A.2d 811 (Pa. Cmwlth. 2008),

The dissent would have just sustained the board's grant of benefits and not remanded.