disregard standard in Pennsylvania

33 Pennsylvania opinions name it 3 courts 1953–2023 4 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (11)

Case	Followed	Cited
Gardner v. Commonwealth, Unemployment Compensation Board of Reviewgreen pacommwct · 1983 · cited in 4 Pennsylvania opinions naming this issue, 2017–2021 2 sentences 2020Bd. of Review, 454 A.2d 1208, 1209 (Pa. Cmwlth. 1983) (“Poor work performance reflecting an unwillingness to work to the best of one’s ability is indicative of a disregard for the standard of conduct an employer has a right to expect and may rise to the level of willful misconduct.”). 2018Similarly, in Gardner v. Unemployment Compensation Board of Review, 454 A.2d 1208 (Pa. Cmwlth. 1983), this Court stated: “Poor work performance reflecting an unwillingness to work to the best of one’s ability is indicative of a disregard for the standard of conduct an employer has a right to expect and may rise to the level of willful misconduct.” Id. at 1209 ; see also Geslao v. Unemployment Comp.	3	4
The Bert Company v. Turk, M.green pasuperct · 2021 · cited in 2 Pennsylvania opinions naming this issue, 2023–2023 2 sentences 2023Ultimately concluding that the Defendants’ constitutional claim was “frivolous,” the court opined, “Given the total disregard for the rule of law that [the Defendants] displayed, the punitive damages that the jury awarded are light years away from the outer limits of the Due Process Clause.” Id. (emphasis in original). [J-59A-2022 and J-59B-2022] - 15 Senior Judge Colins authored a concurring and dissenting opinion. 2023Ultimately concluding that the Defendants’ constitutional claim was “frivolous,” the court opined, “Given the total disregard for the rule of law that [the Defendants] displayed, the punitive damages that the jury awarded are light years away from the outer limits of the Due Process Clause.” Id. (emphasis in original). [J-59A-2022 and J-59B-2022] - 15 Senior Judge Colins authored a concurring and dissenting opinion.	2	2
Johns v. Unemployment Compensation Board of Reviewgreen pacommwct · 2014 · cited in 2 Pennsylvania opinions naming this issue, 2017–2017 2 sentences 2017Johns v. Unemployment Compensation Board of Review, 87 A.3d 1006, 1009 (Pa. Cmwlth.), appeal denied, 97 A.3d 746 (Pa. 2014). 2017Johns v. Unemployment Compensation Board of Review, 87 A.3d 1006, 1009 (Pa. Cmwlth. 2014).	2	2
Kentucky Fried Chicken of Altoona, Inc. v. Unemployment Compensation Board of Reviewgreen pacommwct · 1973 · cited in 4 Pennsylvania opinions naming this issue, 1975–1997 2 sentences 1997Kentucky Fried Chicken of Altoona, Inc. v. Unemployment Compensation Board of Review, 10 Pa.Cmwlth. 90 , 309 A.2d 165 (1973). 1997Kentucky Fried Chicken of Altoona, Inc. v. Unemployment Compensation Board of Review, 10 Pa.Cmwlth. 90 , 309 A.2d 165 (1973).	1	4
Lee v. Temple University (Personnel).green pacommwct · 1976 · cited in 2 Pennsylvania opinions naming this issue, 1977–2022 2 sentences 2022It is well-settled law that “a disregard of the standard of behavior which the employer had a right to expect of [an employee], . . . [can be] willful misconduct, apart from whether or not . . . that [employee violated work rules . . . .” Lee v. Temple University (Personnel), 363 A.2d 890, 892 (Pa. Cmwlth. 1976). 1977Speaking for the Court, Judge Blatt stated: [W]e believe that the findings of the referee and the Board demonstrate that her conduct in making changes on employee time cards amounted to a disregard of the standard of behavior which the employer had a right to expect of her, and this was willful misconduct, apart from whether or not it can be said that she violated work rules applicable to supervisory personnel. 26 Pa. Commonwealth Ct. at 160 , 363 A.2d at 892 .	1	2
Cadden Unemployment Compensation Casegreen pasuperct · 1961 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022 1 sentence 2022“It is not necessary to have an employer’s rule where the act itself is contrary to the motor vehicle laws of the Commonwealth.” Cadden v. Unemployment Compensation Board of Review, 169 A.2d 334, 335 (Pa. Super. 1961) (the claimant’s speeding “constituted . . . a willful disregard of the employer’s interests and of the standards of behavior which the employer has a right to expect of its employees”).	1	1
Viglino v. UN. COMP. BD. OF REV.green pacommwct · 1987 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019 1 sentence 2019Viglino v. Unemployment Compensation Board of Review, 525 A.2d 450, 453 (Pa. Cmwlth. 1987).	1	1
Department of Corrections v. Unemployment Compensation Board of Reviewgreen pacommwct · 2008 · cited in 1 Pennsylvania opinions naming this issue, 2016–2016 1 sentence 2016Bd. of Review, 943 A.2d 1011, 1015 (Pa. Cmwlth. 2008).	1	1
Altemus v. Unemployment Compensation Board of Reviewgreen pacommwct · 1996 · cited in 1 Pennsylvania opinions naming this issue, 2011–2011 2 sentences 2011The Board denied the claimant unemployment compensation benefits “concluding that Claimant’s DUI convictions manifested a disregard for a standard of behavior which Employer could rightfully expect of a professional teacher.” Id. at 869 . 2011This Court affirmed the Board on the basis of Section 402(e), citing Derk for the principle that “connected with the employee’s work” “means that the employee’s behavior must directly reflect upon the employee’s ability to perform assigned duties.” Id. at 869.	1	1
Jones v. Commonwealthgreen pacommwct · 1983 · cited in 1 Pennsylvania opinions naming this issue, 1987–1987 2 sentences 1987See Jones v. Unemployment Compensation Board of Review, 74 Pa. Commonwealth Ct. 572 , 460 A.2d 412 (1983). 1987See Jones v. Unemployment Compensation Board of Review, 74 Pa. Commonwealth Ct. 572 , 460 A.2d 412 (1983).	1	1
Redano v. Commonwealthgreen pacommwct · 1981 · cited in 1 Pennsylvania opinions naming this issue, 1983–1983 2 sentences 1983See Redano v. Unemployment Compensation Board of Review, 61 Pa. Commonwealth Ct. 111 , 433 A.2d 151 (1981). 3 Order The order of the Unemployment Compensation Board of Review, No. B-192997, dated March 6, 1981, is hereby affirmed. 1983See Redano v. Unemployment Compensation Board of Review, 61 Pa. Commonwealth Ct. 111 , 433 A.2d 151 (1981). 3 Order The order of the Unemployment Compensation Board of Review, No. B-192997, dated March 6, 1981, is hereby affirmed.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (13)

Case	Cited	Years
Knarr v. Unemployment Compensation Board of Review neutral pacommwct · 1990 2 sentences 1997Knarr v. Unemployment Compensation Board of Review, 134 Pa.Cmwlth. 613 , 579 A.2d 464 (1990). 1997Knarr v. Unemployment Compensation Board of Review, 134 Pa.Cmwlth. 613 , 579 A.2d 464 (1990).	2	1995–1997
Nesmith v. Commonwealth green pacommwct · 1979 2 sentences 1994Nesmith v. Unemployment Compensation Board of Review, 43 Pa.Commonwealth Ct. 579, 402 A.2d 1132 (1979). 1987Nesmith v. Unemployment Compensation Board of Review, 43 Pa. Commonwealth Ct. 579 , 402 A.2d 1132 (1979).	2	1987–1994
Frumento v. UNEMP. COMP. BD. OF REV. green pa · 1976 2 sentences 1994Frumento v. Unemployment Compensation Board of Review, 466 Pa. 81 , 351 A.2d 631 (1976). 1987While in the case at bar the injury was *243 not severe, hitting a student in the head with a chisel was clearly “a disregard of the standard of behavior which the employer has a right to expect of an employee”, id., and rises to the level of willful misconduct.	2	1987–1994
Geslao v. UN. COMP. BD. OF REV. neutral pacommwct · 1987 1 sentence 2018Bd. of Review, 519 A.2d 1096 (Pa. Cmwlth. 1987); Markley v. Unemployment Comp.	1	2018–2018
Szostek v. UN. COMP. BD. OF REV. green pacommwct · 1988 2 sentences 2002Szostek v. Unemployment Compensation Board of Review, 116 Pa.Cmwlth. 7 , 541 A.2d 48 (1988). 2002Szostek v. Unemployment Compensation Board of Review, 116 Pa.Cmwlth. 7 , 541 A.2d 48 (1988).	1	2002–2002
Myers v. Unemployment Compensation Board of Review green pa · 1993 2 sentences 2000Myers v. Unemployment Compensation Board of Review, 533 Pa. 373 , 625 A.2d 622 (1993). 2000Myers v. Unemployment Compensation Board of Review, 533 Pa. 373 , 625 A.2d 622 (1993).	1	2000–2000
New v. Commonwealth green pacommwct · 1989 2 sentences 1990New v. Unemployment Compensation Board of Review, 126 Pa. Commonwealth Ct. 52 , 558 A.2d 602 (1989). 1990New v. Unemployment Compensation Board of Review, 126 Pa. Commonwealth Ct. 52 , 558 A.2d 602 (1989).	1	1990–1990
Markley v. Commonwealth green pacommwct · 1979 2 sentences 1983Markley v. Unemployment Compensation Board of Review, 47 Pa. Commonwealth Ct. 148 , 407 A.2d 144 (1979). 1983Markley v. Unemployment Compensation Board of Review, 47 Pa. Commonwealth Ct. 148 , 407 A.2d 144 (1979).	1	1983–1983
Semon v. Commonwealth, Unemployment Compensation Board of Review green pacommwct · 1980 2 sentences 1982Semon v. Unemployment Compensation Board of Review, 53 Pa. Commonwealth Ct. 501, 417 A.2d 1343 (1980). 1982Semon v. Unemployment Compensation Board of Review, 53 Pa. Commonwealth Ct. 501, 417 A.2d 1343 (1980).	1	1982–1982
Stanton v. Commonwealth, Department of Public Welfare green pacommwct · 1980 2 sentences 1981The hearing examiner is the ultimate finder of fact in these matters, Stanton, 53 Pa. Commonwealth Ct. at 540 , 417 A.2d at 1349 , and the Director may not set aside the hearing examiner’s findings of fact. 1 Nor-may this Court disregard the hearing examiner’s findings of fact if they are supported by substantial evidence. 1981The hearing examiner is the ultimate finder of fact in these matters, Stanton, 53 Pa. Commonwealth Ct. at 540 , 417 A.2d at 1349 , and the Director may not set aside the hearing examiner’s findings of fact. 1 Nor-may this Court disregard the hearing examiner’s findings of fact if they are supported by substantial evidence.	1	1981–1981
Barnett v. Unempl. Comp. Bd. of Review green pacommwct · 1979 2 sentences 1981Barnett v. Unemployment Compensation Board of Review, 47 Pa. Commonwealth Ct. 360 , 408 A.2d 195 (1979). 1981Barnett v. Unemployment Compensation Board of Review, 47 Pa. Commonwealth Ct. 360 , 408 A.2d 195 (1979).	1	1981–1981
Meneely v. Unemployment Compensation Board of Review green pacommwct · 1977 2 sentences 1978Meneely v. Unemployment Compensation Board of Review, 28 Pa. Commonwealth Ct. 613 , 369 A.2d 506 (1977); Kentucky Fried Chicken of Altoona v. Unemployment Compensation Board of Review, 10 Pa. Commonwealth Ct. 90 , 309 A.2d 165 (1973). 1978Meneely v. Unemployment Compensation Board of Review, 28 Pa. Commonwealth Ct. 613 , 369 A.2d 506 (1977); Kentucky Fried Chicken of Altoona v. Unemployment Compensation Board of Review, 10 Pa. Commonwealth Ct. 90 , 309 A.2d 165 (1973).	1	1978–1978
Detterer Unemployment Compensation Case green pasuperct · 1951 2 sentences 1953Detterer Unemployment Compensation Case, 168 Pa. Superior Ct. 291 , 77 A. 2d 886 . 1953Detterer Unemployment Compensation Case, 168 Pa. Superior Ct. 291 , 77 A. 2d 886 .	1	1953–1953

Where else courts name it

PA 33 (1953–2023) AR 22 (1911–2016) AL 13 (1845–2018) CA 13 (1911–2017) NY 13 (1871–2025) ID 9 (1997–2024) WA 8 (1935–2022) MO 7 (1923–2011) OK 5 (1929–2018) IN 5 (1890–1982) SC 4 (1982–2012) IL 4 (1920–2024) TX 4 (1998–2022) OR 3 (1973–1987) IA 3 (1899–1973) MN 3 (1897–2013) GA 3 (1904–1954) NJ 3 (1957–1987) OH 3 (2002–2010) KS 2 (1911–1938) MI 2 (1896–1960) DC 2 (1981–1981) CO 2 (1892–1892)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check