Adler v. Commonwealth
Adler v. Commonwealth
Opinion of the Court
Opinion by
John J. Adler, an unemployment compensation claimant, has appealed from an order of the Unemployment Compensation Board of Review affirming a referee’s decision denying benefits. The referee and the Board concluded that the claimant’s employment with The Bell Telephone Company of Pennsylvania was terminated by reason of his wilful misconduct on the job.
The claimant’s duties with the personnel department of the Telephone Company consisted of receiving telephone messages from employees reporting illnesses and inability to work and recording the messages on cards and other filing material. He commenced work on June 4, 1973. In August 1973, the claimant was called to a conference with his supervisors at which he was informed that his performance needed improvement. He was told that he was arrogant on the telephone and that he made too many mistakes in recording messages. His superiors asked him to improve and offered their assistance. The claimant’s work remained unsatisfactory.
In addition to the foregoing, the claimant had a history of tardiness in reporting to work in the morning.
The claimant testified at the hearing that he did his work to the best of his ability.
The employer’s evidence, which the referee and the Board believed, gives the picture of a disgruntled, disinterested, intractable and finally insubordinate employee, unwilling to improve his work performance or transfer to other duties, and clearly inviting discharge. His actions were in disregard of the standards of behavior which his employer had the right to expect and of his duties and obligations to his employer. See Horan v. Unemployment Compensation Board of Review, 7 Pa. Commonwealth Ct. 194, 300 A.2d 308 (1973).
Order
And Now, this 28th day of February, 1975, it is ordered that the appeal be and it hereby is dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.