unemployment compensation claim in Pennsylvania

2021For examples of cases in which Pennsylvania courts have found a viable wrongful discharge claim on public policy grounds, see generally Shick v. Shirey, 716 8 A.2d 1231 (Pa. 1998) (recognizing a wrongful discharge claim where an employee was terminated for filing a workers’ compensation claim); Highhouse v. Avery Transportation, 660 A.2d 1374 (Pa. Super. 1995) (recognizing a wrongful discharge claim where an employee was terminated for filing an unemployment compensation claim); Kroen v. Bedway Security Agency, 633 A.2d 628 (Pa. Super. 1993) (recognizing a wrongful discharge claim where an emp

2014Other examples where Superior Court has held that a claim for wrongful discharge exists include: Raykovitz v. K Mart Corp., 445 Pa.Super. 378 , 665 A.2d 833 (1995) (for filing an unemployment compensation claim); Highhouse v. Avery Transportation, 443 Pa.Super. 120 , 660 A.2d 1374 (1995) (same); and Kroen v. Bedway Security Agency, 430 Pa.Super. 83 , 633 A.2d 628 (1993) (for refusing to submit to a polygraph test); Field v. Philadelphia Electric Company, 388 Pa.Super. 400 , 565 A.2d 1170 (1989) (for performing statutory duty to report mishandling of radiation to Nuclear Regulatory Commission).

2021For examples of cases in which Pennsylvania courts have found a viable wrongful discharge claim on public policy grounds, see generally Shick v. Shirey, 716 8 A.2d 1231 (Pa. 1998) (recognizing a wrongful discharge claim where an employee was terminated for filing a workers’ compensation claim); Highhouse v. Avery Transportation, 660 A.2d 1374 (Pa. Super. 1995) (recognizing a wrongful discharge claim where an employee was terminated for filing an unemployment compensation claim); Kroen v. Bedway Security Agency, 633 A.2d 628 (Pa. Super. 1993) (recognizing a wrongful discharge claim where an emp

2017See also Bothrock v. Rothrock Motor Sales, Inc., 584 Pa. 297 , 883 A.2d 511 . (2005) (holding that it violates public-policy for a father to be dismissed for failing to prevent his son from obtaining workers’ compensation benefits); Highhouse v. Avery Transportation, 443 Pa.Super. 120 , 660 A.2d 1374 (1995) (concluding that an employee was wrongfully discharged after filing an unemployment compensation claim); Reuther v. Fowler & Williams, Inc., 255 Pa.Super. 28 , 386 A.2d 119 (1978) (ruling that a cause of action for wrongful discharge was present where employee claimed that he was fired for

2021For examples of cases in which Pennsylvania courts have found a viable wrongful discharge claim on public policy grounds, see generally Shick v. Shirey, 716 8 A.2d 1231 (Pa. 1998) (recognizing a wrongful discharge claim where an employee was terminated for filing a workers’ compensation claim); Highhouse v. Avery Transportation, 660 A.2d 1374 (Pa. Super. 1995) (recognizing a wrongful discharge claim where an employee was terminated for filing an unemployment compensation claim); Kroen v. Bedway Security Agency, 633 A.2d 628 (Pa. Super. 1993) (recognizing a wrongful discharge claim where an emp

2014Other examples where Superior Court has held that a claim for wrongful discharge exists include: Raykovitz v. K Mart Corp., 445 Pa.Super. 378 , 665 A.2d 833 (1995) (for filing an unemployment compensation claim); Highhouse v. Avery Transportation, 443 Pa.Super. 120 , 660 A.2d 1374 (1995) (same); and Kroen v. Bedway Security Agency, 430 Pa.Super. 83 , 633 A.2d 628 (1993) (for refusing to submit to a polygraph test); Field v. Philadelphia Electric Company, 388 Pa.Super. 400 , 565 A.2d 1170 (1989) (for performing statutory duty to report mishandling of radiation to Nuclear Regulatory Commission).

2017Bd. of Review, 867 A.2d 728 (Pa. Cmwlth. 2005) (en banc), the Commonwealth Court addressed the question of whether a non-attorney, non-employee was engaged in the unauthorized practice of law when he represented an employer at an unemployment compensation hearing.

2017Bd. of Review, 867 A.2d 728 (Pa. Cmwlth. 2005) (en banc), the Commonwealth Court addressed the question of whether a non-attorney, non-employee was engaged in the unauthorized practice of law when he represented an employer at an unemployment compensation hearing.

2009Rothrock, supra; Shick, supra; Hunter v. Port Auth. of Allegheny County, 277 Pa.Super. 4 , 419 A.2d 631 (1980) (recognizing a public policy against unnecessarily stigmatizing former offenders, finding that a public employer could not deny a former offender employment on the basis of a prior conviction for which the offender had been pardoned, unless the conviction was reasonably related to fitness to perform the job sought); Highhouse, 443 Pa.Super. 120 , 660 A.2d 1374 (concluding that an employee was wrongfully discharged for filing an unemployment compensation claim); Raykovitz v. K Mart Cor

2009Rothrock, supra; Shick, supra; Hunter v. Port Auth. of Allegheny County, 277 Pa.Super. 4 , 419 A.2d 631 (1980) (recognizing a public policy against unnecessarily stigmatizing former offenders, finding that a public employer could not deny a former offender employment on the basis of a prior conviction for which the offender had been pardoned, unless the conviction was reasonably related to fitness to perform the job sought); Highhouse, 443 Pa.Super. 120 , 660 A.2d 1374 (concluding that an employee was wrongfully discharged for filing an unemployment compensation claim); Raykovitz v. K Mart Cor

1999The court found that the “policies and procedures operate to render an unemployment compensation hearing less than a ‘full and fair opportunity to litigate’ the facts relevant to the subsequent action.” Rue , 456 Pa. Super, at 662, 691 A.2d at 508 .

1997(Majority opinion at 645-48, 691 A.2d at 500-01 , citing Bortz v. W.C.A.B., 546 Pa. 77, 82 , 683 A.2d 259, 261 (1996); majority opinion at 505, quoting Verbilla, supra. ) I disagree, however, with the majority's assertion that "our ruling today does not conflict with other decisions of the courts of this Commonwealth which hold that decisions of administrative agencies can enjoy preclusive effect in a civil action or in another administrative proceeding." (Majority opinion at 660, 691 A.2d at 507 , citing Capobianchi v. BIC Corp., 446 Pa.Super. 130 , 666 A.2d 344 (1995), appeal denied, 544 Pa.

2022The WCJ further found that “Rangnow’s testimony at the unemployment compensation hearing was substantially similar to his testimony before this [WCJ].” Id.

2021For examples of cases in which Pennsylvania courts have found a viable wrongful discharge claim on public policy grounds, see generally Shick v. Shirey, 716 8 A.2d 1231 (Pa. 1998) (recognizing a wrongful discharge claim where an employee was terminated for filing a workers’ compensation claim); Highhouse v. Avery Transportation, 660 A.2d 1374 (Pa. Super. 1995) (recognizing a wrongful discharge claim where an employee was terminated for filing an unemployment compensation claim); Kroen v. Bedway Security Agency, 633 A.2d 628 (Pa. Super. 1993) (recognizing a wrongful discharge claim where an emp

2014Examples where the Superior Court has held that no claim exists include: Hineline v. Stroudsburg Electric Supply Co., 384 Pa.Super. 537 , 559 A.2d 566 , appeal denied 524 Pa. 628 , 574 A.2d 70 (1989) (for disengaging an illegal surveillance system); McGonagle v. Union Fidelity Corporation, 383 Pa.Super. 223 , 556 A.2d 878 (1989) (for general counsel’s refusal to approve advertising mailings he believed violated unspecified insurance laws of other states); and Rossi v. Pennsylvania State University, 340 Pa.Super. 39 , 489 A.2d 828 (1985) (for complaining about the waste of taxpayer money).

2014Examples where the Superior Court has held that no claim exists include: Hineline v. Stroudsburg Electric Supply Co., 384 Pa.Super. 537 , 559 A.2d 566 , appeal denied 524 Pa. 628 , 574 A.2d 70 (1989) (for disengaging an illegal surveillance system); McGonagle v. Union Fidelity Corporation, 383 Pa.Super. 223 , 556 A.2d 878 (1989) (for general counsel’s refusal to approve advertising mailings he believed violated unspecified insurance laws of other states); and Rossi v. Pennsylvania State University, 340 Pa.Super. 39 , 489 A.2d 828 (1985) (for complaining about the waste of taxpayer money).

2014Examples where the Superior Court has held that no claim exists include: Hineline v. Stroudsburg Electric Supply Co., 384 Pa.Super. 537 , 559 A.2d 566 , appeal denied 524 Pa. 628 , 574 A.2d 70 (1989) (for disengaging an illegal surveillance system); McGonagle v. Union Fidelity Corporation, 383 Pa.Super. 223 , 556 A.2d 878 (1989) (for general counsel’s refusal to approve advertising mailings he believed violated unspecified insurance laws of other states); and Rossi v. Pennsylvania State University, 340 Pa.Super. 39 , 489 A.2d 828 (1985) (for complaining about the waste of taxpayer money).

2014Examples where the Superior Court has held that no claim exists include: Hineline v. Stroudsburg Electric Supply Co., 384 Pa.Super. 537 , 559 A.2d 566 , appeal denied 524 Pa. 628 , 574 A.2d 70 (1989) (for disengaging an illegal surveillance system); McGonagle v. Union Fidelity Corporation, 383 Pa.Super. 223 , 556 A.2d 878 (1989) (for general counsel’s refusal to approve advertising mailings he believed violated unspecified insurance laws of other states); and Rossi v. Pennsylvania State University, 340 Pa.Super. 39 , 489 A.2d 828 (1985) (for complaining about the waste of taxpayer money).

2014Examples where the Superior Court has held that no claim exists include: Hineline v. Stroudsburg Electric Supply Co., 384 Pa.Super. 537 , 559 A.2d 566 , appeal denied 524 Pa. 628 , 574 A.2d 70 (1989) (for disengaging an illegal surveillance system); McGonagle v. Union Fidelity Corporation, 383 Pa.Super. 223 , 556 A.2d 878 (1989) (for general counsel’s refusal to approve advertising mailings he believed violated unspecified insurance laws of other states); and Rossi v. Pennsylvania State University, 340 Pa.Super. 39 , 489 A.2d 828 (1985) (for complaining about the waste of taxpayer money).

2014Examples where the Superior Court has held that no claim exists include: Hineline v. Stroudsburg Electric Supply Co., 384 Pa.Super. 537 , 559 A.2d 566 , appeal denied 524 Pa. 628 , 574 A.2d 70 (1989) (for disengaging an illegal surveillance system); McGonagle v. Union Fidelity Corporation, 383 Pa.Super. 223 , 556 A.2d 878 (1989) (for general counsel’s refusal to approve advertising mailings he believed violated unspecified insurance laws of other states); and Rossi v. Pennsylvania State University, 340 Pa.Super. 39 , 489 A.2d 828 (1985) (for complaining about the waste of taxpayer money).

2012Bd. of Review, 33 A.3d 717 (Pa.Cmwlth.2011) (an employer cannot accept a settlement of an unemployment compensation claim); Pitt.

2002Rejected public policy exceptions include: (1) failure to reappoint employee because of employee inability to prevent her husband from speaking out on public issues, Burkholder v. Hutchinson, 403 Pa. Super. 498 , 589 A.2d 721 (1991); (2) manager failing to report sexual harassment when asked by employee not to report, McDaniel, 58 F. Supp.2d 628 ; and (3) retaliation for filing workers’ compensation claim where plaintiff admitted she was not fired but removed herself, Wilcha v. First National Bank of Jermyn, 25 D.&C.4th 47 (1995).

2002This ruling was consistent with the decision of the Pennsylvania Supreme Court in Rue v. K-Mart Corp., 552 Pa. 13 , 713 A.2d 82 (1998).

2002This ruling was consistent with the decision of the Pennsylvania Supreme Court in Rue v. K-Mart Corp., 552 Pa. 13 , 713 A.2d 82 (1998).

2002Rejected public policy exceptions include: (1) failure to reappoint employee because of employee inability to prevent her husband from speaking out on public issues, Burkholder v. Hutchinson, 403 Pa. Super. 498 , 589 A.2d 721 (1991); (2) manager failing to report sexual harassment when asked by employee not to report, McDaniel, 58 F. Supp.2d 628 ; and (3) retaliation for filing workers’ compensation claim where plaintiff admitted she was not fired but removed herself, Wilcha v. First National Bank of Jermyn, 25 D.&C.4th 47 (1995).

2002Rejected public policy exceptions include: (1) failure to reappoint employee because of employee inability to prevent her husband from speaking out on public issues, Burkholder v. Hutchinson, 403 Pa. Super. 498 , 589 A.2d 721 (1991); (2) manager failing to report sexual harassment when asked by employee not to report, McDaniel, 58 F. Supp.2d 628 ; and (3) retaliation for filing workers’ compensation claim where plaintiff admitted she was not fired but removed herself, Wilcha v. First National Bank of Jermyn, 25 D.&C.4th 47 (1995).

2000Relying upon Clay v. Advanced Computer Applications Inc., 522 Pa. 86 , 559 A.2d 917 (1989), Clark argues that Nazar is barred from pursuing a tort action for wrongful discharge.

2000Relying upon Clay v. Advanced Computer Applications Inc., 522 Pa. 86 , 559 A.2d 917 (1989), Clark argues that Nazar is barred from pursuing a tort action for wrongful discharge.