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.

Palladino v. Unemployment Compensation Board of Review

Commonwealth Court of Pennsylvania

December 19, 2013

Michael W. Palladino, Petitioner
v.
Unemployment Compensation Board of Review, Respondent

Submitted: August 23, 2013

BEFORE: HONORABLE BONNIE BRIGANCE LEADBETTER, Judge HONORABLE P. KEVIN BROBSON, Judge HONORABLE JAMES GARDNER COLINS, Senior Judge

OPINION

P. KEVIN BROBSON, Judge

Petitioner Michael W. Palladino (Claimant) petitions for review of an order of the Unemployment Compensation Board of Review (Board). The Board affirmed a decision of an Unemployment Compensation Referee (Referee), denying Claimant unemployment compensation benefits pursuant to Section 402(e) of the Unemployment Compensation Law (Law), [1] based on willful misconduct. For the reasons set forth below, we reverse.

Claimant applied for unemployment compensation benefits after being discharged from his employment as an operations supervisor for the City of Bethlehem's (Employer) wastewater treatment plant. The Allentown UC Service Center (Service Center) issued a determination, finding Claimant ineligible for benefits pursuant to Section 3 of the Law, [2] relating to declaration of public policy. Claimant appealed the Service Center's determination, and a Referee conducted a hearing.

Following the hearing, the Referee denied Claimant unemployment compensation benefits, concluding that Employer discharged Claimant for willful misconduct pursuant to Section 402(e) of the Law. In so doing, the Referee made the following relevant findings:

1. Claimant started working for the City of Bethlehem in December 1986 and was last employed as a full-time operations supervisor earning approximately $2835 bi-weekly. Claimant's last day of work was August 17, 2012.
2. Claimant's job duties included supervision of plant operators and truck drivers at the City's wastewater treatment plant.
3. Employer's Code of Ethics states, in relevant part, As an Employee and Official of the City of Bethlehem I will strive to: Maintain a course of conduct at all times which will bring credit to myself and the City of Bethlehem and avoid actions which create the appearance [of] impropriety.
4. Claimant should have been aware of the Code of Ethics.
5. In 2006, shortly after he was promoted from plant operator to operations supervisor, Claimant was charged with Driving under the Influence (DUI).
6. Employer advised Claimant this type of behavior could not happen again.
7. In or around the fall of 2006, Employer received reports that Claimant was intoxicated and drove into a fence during an off-duty visit to the plant.
8. Employer advised Claimant any further incidents of a similar nature were "career ending" and required Claimant to participate in treatment through the ...

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.