Wednesday, February 18, 2015

UC - willful misconduct - offensive language - de minimus conduct - provocation

Campbell v. UCBR – Cmwlth. Court – February 17, 2015 – unpublished memorandum opinion


One-time us of the word “bitch” toward a co-worker, in response to that employee’s threatening outburst, was de minimus and not disqualifying willful misconduct, even though use of abusive language violated ER rule.


Arnold v. UCBR, 703 A.2d 582 (Pa. Cmwlth. 1997),  “offensive language directed by an employee to an employer, if sufficiently provoked or de minimis, will not constitute willful misconduct.” Id. at 584.   Horace W. Longacre, Inc. v. UCBR, 316 A.2d 110 (Pa. Cmwlth. 1974), and Kowal v. UCBR, 512 A.2d 812 (Pa. Cmwlth. 1986).  Perez v. UCBR, 736 A.2d 737 (Pa. Cmwlth. 1999)





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The opinion, though not reported, may be cited "for its persuasive value, but not as binding precedent."    210 Pa. Code 69.414.