Sayers v. Commonwealth
Sayers v. Commonwealth
Opinion of the Court
Opinion by
Garrett E. Sayers (claimant) appeals a decision of the Unemployment Compensation Board of Eeview (Board) which affirmed a referee’s determination that claimant was ineligible for benefits under Section 402(e) of the Unemployment Compensation Law (Law), Act of December 5,1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §802(e), which provides in pertinent part: “[A]n employe shall be ineligible for compensation for any week . . . (e) In which his unemployment is due to his discharge or temporary suspension from work for willful misconduct connected with his work. ...” We reverse.
Claimant was employed by the Bureau of Aviation, Department of Transportation, Commonwealth of Pennsylvania (DOT), for almost eighteen years. In his position as an aviation specialist, claimant was recognized as an expert in the area of aviation safety. For a period of time prior to his discharge, claimant had become dissatisfied with various aviation safety
Testimony at the hearing before .the referee indicated that the relationship between claimant and his supervisor had become strained and that, on January 20, 1981, while acting as co-pilot, Mr. Fentress accidentally failed to switch on the pilot’s frequency control button and the pilot was cut off from contact with the control tower while he was making a visual approach to the landing strip. Consequently, the pilot failed to hear directions from the tower to change runways. Mr. Fentress, however, was in contact with the tower and told the pilot of the changed instructions. The pilot changed his approach and made a successful landing without a threat to the safety of his plane and passengers. The referee found that: “10. Fentress’ actions were not unusual; what he did could have happened to any co-pilot and while it was a violation of the air regulations, under the circumstances it constituted no danger to anyone.” Claimant, however, reported the incident to the Inspector General’s Office as a safety violation. He was told that it would be investigated.
The day following claimant’s call, his supervisor was called by the Deputy Secretary of Transportation. When Mr. Fentress attempted to question claimant concerning the nature and purpose of claimant’s call in order to learn what safety precautions had been taken for the Governor’s impending flight, claimant informed him that it was a matter between the Gov
Claimant was subsequently suspended on February 9,1981, because of his telephone call to the Governor’s Office “and completely bypassing the chain of command by directly contacting the Governor’s Office and alleging that the Governor’s life was in danger if he flew in Bureau of Aviation air craft.” (Letter of February 9,1981 from Director of the Bureau of Personnel to claimant, introduced at the referee’s hearing as claimant’s exhibit No. 3.)
After an investigation, which revealed no unsafe condition, claimant was discharged effective March 25, 1981. He was not permitted to continue working pending the outcome of the investigation because of the serious nature of his actions and his supervisor’s fear that he might represent a safety threat if he were allowed to remain on duty.
The Board denied unemployment compensation benefits and affirmed the referee’s determination that claimant’s act of taking his safety concerns directly to the Governor’s office, expressing them in such a manner as to raise doubts as to the Governor’s safety, and failing to be frank and open with his supervisor when questioned about the matter constituted “willful misconduct” in connection with his work, precluding him from receiving benefits under Section 402(e) of the Law, 43 P.S. §802(e).
When asked why he did not reveal to Ms supervisor the nature of Ms call to the Governor’s office of February 5, 1981, concerning the January 20, 1981, incident in which Mr. Fentress was co-pilot, claimant
The criteria which characterize “willful misconduct” as set forth in Kentucky Fried Chicken of Altoona, Inc. v. Unemployment Compensation Board of Review, 10 Pa. Commonwealth Ct. 90, 97, 309 A.2d 165, 168-69 (1973), have been firmly established as follows :
(1) the wanton and wilful disregard of the employer’s interest, (2) the deliberate violation of rules, (3) the disregard of standards of behavior which an employer can rightfully expect from his employe, or (4) negligence which manifests culpability, wrongful intent, evil design, or intentional and substantial disregard for the employer’s interests or the employee’s duties and obligations.
We must juxtapose against these standards a consideration of whether the behavior in question constitutes “good cause.” This Court has held that “good cause” rests on “good faith.” King v. Unemployment Compensation Board of Review, 51 Pa. Commonwealth Ct. 396, 414 A.2d 452 (1980). In applying the standard for determining good cause, we must evaluate the reasonableness of the cause in light of all the surrounding circumstances. Frumento v. Unemployment Compensation Board of Review, 466 Pa. 81, 351 A.2d 631 (1976).
In the case before us, the referee found that claimant’s actions in which he bypassed the chain of command and telephoned the Governor’s Office directly to voice his concern over the safety of Commonwealth flights constituted willful misconduct by claimant; his testimony that he did not wish to disclose the nature
It is one thing to say that unemployment resulting from a criminal act involving moral turpitude is a fault that forfeits compensation; it is quite a different thing to say that an employee who is discharged because he has become overzealous or neurotic, is unemployed through his own fault. The difference is not a difference in degree, it is a difference in the moral quality of the conduct. The first is a wrong, a fault, in morals as well as in law, while the second, if more than a fraility, is only an error of judgment.
Claimant’s unfortunate timing which resulted in a disruption of the Office of the Governor and extra
Accordingly, we reverse the decision of the Board and award claimant benefits under the Unemployment Compensation Law. The case is remanded to the Board for computation of benefits.
Order
Now, April 24, 1984, the order of the Unemployment Compensation Board of Review dated June 23, 1981, No. B-196345, is reversed and claimant, Garrett E. Sayers, is awarded benefits in accordance with the Unemployment Compensation Law. The case is remanded to the Board for computation of benefits.
Jurisdiction relinquished.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.