Torres-Williams v. UCBR - Cmwlth. Court - December 4, 2008 - unreported memorandum decision
http://origin-www.courts.state.pa.us/OpPosting/Cwealth/out/910CD08_12-4-08.pdf
Employer rule required workers to treat each other with "courtesy, honor, and respect." On December 31, 2007, Employer issued a warning to Claimant for improper verbal communications to patients and co-workers. On January 9, 2008, Claimant asked a question of a co-worker. When the co-worker indicated that she did not know the answer to Claimant’s question, Claimant responded “Jesus Christ, what do you know?” Employer fired claimant for that behavior the next day. Employer produced evidence as hearing of other similar incidents as well.
Claimant alleged that she did not have any bad intent when she made the remark and that it is not considered offensive in some cultures. The court said that she did not produce any authority "for her position that the lack of offensive intent constitutes good cause in a willful misconduct case. The sole questions the Board, and this Court, can consider are: (1) whether the statement is offensive, (2) whether the employee intended to make the statement and (3) whether the statement violated a rule of the employer. See Williams v. UCBR, 926 A.2d 568 (Pa. Cmwlth.), petition for allowance of appeal denied, 596 Pa. 712, 940 A.2d 368 (2007). Again, the evidence of record supports the Board’s findings and ultimate conclusion herein."
