Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

LOUIS FRUMENTO v. UNEMPLOYMENT COMPENSATION BOARD REVIEW (01/29/76)

decided: January 29, 1976.

LOUIS FRUMENTO, APPELLANT,
v.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, APPELLEE, AND DOMINICK STAFFIERI, INC., INTERVENING APPELLEE



COUNSEL

Marvin F. Galfand, Philadelphia, for appellant.

John C. Wright, Jr., Peter Broida, Philadelphia, for appellee, Dominick Staffieri, Inc.

Sydney Reuben, Harrisburg, for appellee, Unemployment Comp. Bd. of Rev.

Jones, C. J., and Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ.

Author: Nix

[ 466 Pa. Page 82]

OPINION OF THE COURT

This appeal arises under the Unemployment Compensation Law, Act of December 5, 1936, P.L. [1937] 2897,

[ 466 Pa. Page 83]

    as amended, 43 P.S. § 751 et seq. The specific question is whether appellant-employee was properly excluded from benefits under this Act because of a termination of employment as a result of "willful misconduct" in accordance with section 402(e), 43 P.S. § 802(e).

Appellant's application for unemployment compensation benefits was denied by the Bureau of Employment Security premised upon a determination that his discharge was as a result of willful misconduct. This determination was reversed by a referee who was in turn reversed by the Unemployment Compensation Board. The Commonwealth Court affirmed the action of the Board and this Court granted allocatur.

There is no serious dispute as to the events which resulted in the discharge. Appellant Louis Frumento had been employed by Dominick Staffieri, Inc. as a compressor truck driver for approximately three years. In January of 1972, Frumento advised his employer that he had been elected judge of election and that it would be necessary for him to miss work on primary and general election days. The employer then told Frumento that permission for missing work on these two days would depend on the volume of work at the time. On April 24, 1972, Frumento advised his employer that he would miss work the next day, which was primary election day. His employer refused to give Frumento the day off and warned him that he would be discharged if he did not come to work. Frumento did not report for work and was discharged.

The dispute arises because the statute does not define the term "willful misconduct." The Superior Court has had an occasion to define this concept as:

"'Willful misconduct' . . . has been held to comprehend an act of wanton or willful disregard of the employer's interest, a deliberate violation of the employer's rules, a disregard of standards of behavior ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.