Reading School District v. UCBR – Cmwlth. Court. – January 20, 2023 – not reported**
https://www.pacourts.us/assets/opinions/Commonwealth/out/1644CD19_1-20-23.pdf?cb=1
Held: Claimant was not justifiably provoked in pushing a co-worker who had subjected her to abusive or personally offensive language.
An employee’s actions are justifiably provoked only when an employee (1) reasonably believes he is threatened with physical harm; (2) is directly targeted by severe, intimidating, loud, and aggressive speech; or (3) is subjected to intentional provocation in order to fabricate justification to fire the employee. See Sun Oil Co. v. UCBR., 408 A.2d 1169, 1170-1171(Pa. Cmwlth. 1979); Wisniewski v. UCBR., 383 A.2d 254, 255 (Pa. Cmwlth. 1978). ; Kowal v. UCBR, 512 A.2d 812, 813-14 (Pa. Cmwlth. 1986). ; Jose Perez, 736 A.2d at 742.
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** An unreported decision of the Commonwealth Court can be cited “for its persuasive value, but not as binding precedent” under 210 Pa. Code 69.414 (citing judicial opinions in filings).
