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HOWARD D. KARLOFF v. COMMONWEALTH PENNSYLVANIA (09/24/87)

decided: September 24, 1987.

HOWARD D. KARLOFF, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Order of the Unemployment Compensation Board of Review, in case of Howard D. Karloff, No. B-246988.

COUNSEL

J. Raymond Munholland, for petitioner.

Jonathan Zorach, Assistant Counsel, with him, Clifford F. Blaze, Deputy Chief Counsel, for respondent.

Judges MacPhail and Barry, and Senior Judge Narick, sitting as a panel of three. Opinion by Senior Judge Narick.

Author: Narick

[ 109 Pa. Commw. Page 499]

This is an appeal by Howard D. Karloff (Claimant) from an order of the Unemployment Compensation Board of Review (Board) affirming a referee's decision denying benefits pursuant to Section 402(b) of the Unemployment Compensation Law (Act), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. ยง 802(b).*fn1 We reverse.

Claimant was employed by Best Brands, Inc. (Employer) as a national sales manager and vice-president. At the time of his separation from employment on July

[ 109 Pa. Commw. Page 50026]

, 1985, Claimant was a salaried employee with an income of $40,000 per year.

The facts surrounding Claimant's termination from his employment are not in dispute. Testifying at the hearing before the referee were Claimant and a witness for Employer, Herb Collins (Collins), president of Employer.*fn2 Although the testimony of record consists of only six pages, it is necessary to discuss it at length.

The testimony of record indicates that Claimant, during the course of his employment, had a continuing personality conflict with an executive vice-president of the company, Isaac Perry (Perry). Claimant testified that this continuing personality conflict with Perry culminated to a point whereby on July 26, 1985, after one particular argument, he was left with no choice but to terminate his employment. Collins testified as follows:

Mr. Karloff has been having continuing personality conflicts with one individual with one individual [sic] who is a corporate officer and stockholder in the company . . . Perry. . . . His conflicts always started on marketing decisions . . . It got to a point where the argument on the day in question got so hot, so brutal that it could have become without a doubt a fist fight and I think Howard's [Claimant's] decision was rather than have a fist fight he would just quit and I think it could have been considered a force out. I'm forcing you out. You go ahead and quit rather than be fired . . .

See Notes of Testimony from September 9, 1985 at p. 4. Collins agreed with the Claimant that on several occasions Perry indicated he would like to force Claimant out of ...


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