Armstrong World Industries v. UCBR –
Cmwlth. Court – 9-15-16 – unreported* memorandum opinion
“Even
in the absence of a written policy, fighting may be considered a disregard of
the standards of behavior that an employer can expect from its employees, even
when the claimant was not the initial aggressor.” Miller v. Unemployment
Compensation Board of Review, 83 A.3d 484, 487 (Pa. Cmwlth. 2014).
In
such situations, where a claimant has the opportunity to retreat and seek help
but instead willingly continues to escalate the situation, the claimant’s
actions are “neither reasonable nor justifiable and [do] not constitute good
cause.” Rivera v. Unemployment Compensation Board of Review, 526 A.2d 1253,
1256 (Pa. Cmwlth. 1987).
However,
when a claimant has a reasonable belief of imminent bodily harm and fears he is
in danger of an assault, he is justified in using reasonable retaliatory force
for purposes of self-defense. Miller, 83 A.3d at 487 (“using reasonable force
in self-defense is, in some situations, justifiable”); see also Sun Oil Company
v. Unemployment Compensation Board of Review, 408 A.2d 1169, 1171 (Pa. Cmwlth.
1979) (“A reasonable belief of imminent bodily harm and feared danger of an
assault justifies reasonable retaliatory force.”).
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*An unreported
Commonwealth Court case may not be cited binding precedent but can be cited for
its persuasive value. See 210 Pa.
Code § 69.414(b) and Pa. R.A.P.
3716
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