Monday, March 16, 2015

UC - 43 P.S. 829 - no collateral estoppel use of UC decision in later/separate case


Mathis v. Christian Plumbing and Heating – ED Pa. – March 21, 2015

 


 

Plaintiff was not collaterally estopped by an adverse result in a UC case, Mathis v. UCBR, 64 A.3d 293 (Pa. Cmwlth. 2013), from suing former employer under Title VII of the Civil Rights Act and the Pa. Human Relations Act for improperly terminating his employment because of Plaintiff’s covering his work i.d. badge, which included language that the company is a “ministry” and run “in a way most pleasing to the lord...”

 

 The court held that the clear language of 43 P.S. sec. 829 precluded the application of collateral estoppel.  Sec. 829 states that “[n]o finding of fact or law, judgment, conclusion or final order made with respect to a claim for unemployment compensation under this act may be deemed to be conclusive or binding in any separate or subsequent action or proceeding in another forum.”

 

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