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Bertram v. Unemployment Comp. Bd. of Review

Pa. Commw. Ct.March 22, 2019No. 12 C.D. 2018Cited 8 times
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Case Details

Judge(s)
Leavitt, McCullough, Wojcik
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Outcome

The Commonwealth Court of Pennsylvania affirmed the Board's decision denying the claimant's unemployment compensation benefits, finding that he was discharged for willful misconduct (calling his supervisor a liar) on January 23, 2017, which disqualified him under Section 402(e) of the Unemployment Compensation Law.

What This Ruling Means

**Worker Denied Unemployment Benefits After Calling Supervisor a Liar** This case involved a worker named Bertram who was fired from his job at Tom Hesser Chevrolet and then applied for unemployment benefits. Bertram was terminated on January 23, 2017, after he called his supervisor a liar during a workplace incident. When he filed for unemployment compensation, the state initially denied his claim, saying he was fired for misconduct. Bertram appealed this decision through the unemployment system. The Pennsylvania Commonwealth Court upheld the denial of unemployment benefits. The court agreed that calling a supervisor a liar constituted "willful misconduct" under state unemployment law. Because the firing was due to the worker's deliberate bad behavior rather than circumstances beyond his control, he was disqualified from receiving benefits. This ruling matters for workers because it shows that certain types of workplace behavior can cost you both your job and your safety net. When you're fired for willful misconduct—like being disrespectful to supervisors or violating clear workplace rules—you may be denied unemployment benefits that you're counting on to pay bills while job searching. Workers should understand that unemployment benefits aren't automatic after termination.

This summary was generated to explain the ruling in plain English and is not legal advice.

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