Opinion
March 14, 1960.
March 24, 1960.
Unemployment Compensation — Willful misconduct — Refusal to perform work — Physical mishandling of supervisor — Standard of behavior.
1. In this case, in which it appeared that claimant refused to do work which he had been instructed by the supervisor to perform, that after a second request was made of him he physically mishandled the supervisor, and that as a result of this conduct he was discharged, it was Held that the board properly concluded that claimant's behavior constituted willful misconduct connected with his work and that he was ineligible for compensation.
2. Willful misconduct comprehends, among other things, a disregard of standards of behavior which an employer has a right to expect from an employe.
Before RHODES, P.J., GUNTHER, WRIGHT, WOODSIDE, ERVIN, WATKINS, and MONTGOMERY, JJ.
Appeal, No. 27, March T., 1960, by claimant, from decision of Unemployment Compensation Board of Review, No. B-51805, in re claim of Kenneth J. Metzger. Decision affirmed.
Kenneth J. Metzger, appellant, in propria persona, submitted a brief.
Sydney Reuben, Assistant Attorney General, with him Anne X. Alpern, Attorney General, for appellee.
Argued March 14, 1960.
The Bureau of Employment Security, the referee and the Board of Review each concluded that Kenneth J. Metzger, the appellant in this case, was not entitled to unemployment compensation because his unemployment was due to his discharge from work for willful misconduct connected with his work. See § 402(e) of the Unemployment Compensation Law of December 5, 1936, P.L. (1937) 2897, as amended, 43 P. S. § 802(e).
The board found that Metzger was instructed by his supervisor to perform certain work which he refused to do and, that after a second request was made of him, he "took the supervisor by the neck and pushed him away." As a result of this conduct, he was discharged. There is no serious dispute concerning the facts.
The board properly concluded that the claimant's behavior constituted willful misconduct connected with his work and that, having been discharged for such conduct, he was ineligible for compensation. Willful misconduct comprehends, among other things, a disregard of standards of behavior which an employer has a right to expect from an employe. Moyer Unemployment Compensation Case, 177 Pa. Super. 72, 110 A.2d 753 (1955); Gagliardi Unemployment Compensation Case, 186 Pa. Super. 142, 141 A.2d 410 (1958).
Decision affirmed.