Miller v. Unemployment Compensation Board of Review, 83 A.3d 484

Claimant was a full-time electrician for Employer (PepBoys) from July 2009 to December 2012; he was discharged December 18, 2012 for fighting at work.
On December 12, 2012, Claimant parked a customer’s car in a service bay to install a radio; a coworker (Paul) — off-duty/not working then — told Claimant it was his bay, slammed and locked the bay door, and physically confronted Claimant.
Claimant attempted to deescalate and explained he would be done in 30 minutes; Paul escalated by grabbing Claimant by the shirt and saying “You want to live?” and shoved him.
Surveillance video showed Paul initiated the physical contact; Claimant knocked over a tool cart and pushed Paul back in response; the area was open and retreat was possible, per the UCBR findings.
Employer discharged both employees for workplace fighting; the local service center and a referee denied Claimant UC benefits for willful misconduct under 43 P.S. § 802(e); the UCBR affirmed; Claimant appealed to this court.

Issue	Claimant's Argument	Employer's Argument	Held
Whether Claimant’s physical response to Paul constituted willful misconduct rendering him ineligible for UC benefits	Claimant did not initiate the fight and used reasonable force in self-defense when assaulted	Fighting is inimical to employer interests; an employee who engages in workplace fighting commits willful misconduct regardless of who started it	Court held Claimant did not commit willful misconduct: his push was a reasonable, reflexive act of self-defense and thus justified

Oliver v. Unemployment Compensation Board of Review, 5 A.3d 432 (Pa. Cmwlth. 2010) (defines willful misconduct categories)
Rivera v. Unemployment Compensation Board of Review, 526 A.2d 1253 (Pa. Cmwlth. 1987) (fighting generally constitutes willful misconduct)
Unemployment Compensation Board of Review v. Vojtas, 351 A.2d 700 (Pa. Cmwlth. 1976) (non-initiators can still be found to have disregarded employer standards by fighting)
Wolfe v. Unemployment Compensation Board of Review, 425 A.2d 1218 (Pa. Cmwlth. 1981) (same principle regarding fighting)
Sun Oil Company v. Unemployment Compensation Board of Review, 408 A.2d 1169 (Pa. Cmwlth. 1979) (reasonable belief of imminent harm can justify reasonable retaliatory force)
Peeples v. Unemployment Compensation Board of Review, 522 A.2d 680 (Pa. Cmwlth. 1987) (employee justified in using reasonable force when trapped and attacked)
Mula v. Unemployment Compensation Board of Review, 407 A.2d 477 (Pa. Cmwlth. 1979) (instantaneous reflexive self-defense can be justified)
Frumento v. Unemployment Compensation Board of Review, 351 A.2d 631 (Pa. 1976) (conduct justifiable under circumstances is not willful misconduct)