57 Pa. Commw. 192 | Pa. Commw. Ct. | 1981
Opinion by
In this unemployment compensation appeal, the claimant
Employer’s personnel manager discharged the claimant because, in the context of a telephone dispute over claimant’s work attendance record, claimant had challenged the manager’s veracity by telling him he was “full of shit,” and had protested the manager’s request for a doctor’s certificate of illness by saying “that’s bullshit.”
We find no error in the board’s holding that claimant’s language substantially disregarded the standards an employer may rightfully expect and therefore constituted willful misconduct. Although claim
Similarly, claimant’s argument that his remarks were justified,
Accordingly, we affirm the board.
Order
And Now, February 27, 1981, the November 20, 1979 order of the Unemployment Compensation Board of Review at No. B-177983 is affirmed.
Harvey R. Henry, Jr.
Unemployment Compensation Board of Review.
Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §802(e).
The employer has the burden of proving willful misconduct. Gane v. Unemployment Compensation Board, of Review, 41 Pa. Commonwealth Ct. 292, 398 A.2d 1110 (1979). Because the employer here has carried that burden before the referee and the hoard, we review the evidence in the light most favorable to it, affording it the benefit of all the inferences which can fairly be drawn from the testimony. Roman v. Unemployment Compensation Board of Review, 51 Pa. Commonwealth Ct. 44, 413 A.2d 775 (1980).
See Frumento v. Unemployment Compensation Board of Review, 466 Pa. 81, 351 A.2d 631 (1976) and Holomsheck v. Unemployment Compensation Board of Review, 39 Pa. Commonwealth Ct. 503, 395 A.2d 708 (1979).