deliberate violation in Pennsylvania

2015Section 704 of the Administrative Agency Law, 2 Pa.C.S. §704. 6 Initially, we note that, although the Law does not define the term willful misconduct, our courts have defined it as including: “(1) the wanton and willful disregard of the employer’s interests; (2) the deliberate violation of rules; (3) the disregard of standards of behavior which an employer can rightfully expect from its employee; 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.” Guthrie v.

2002“Willful misconduct” has been defined by the Commonwealth Court as: “(1) the wanton and willful disregard of the employer’s interests;] “(2) the deliberate violation of rules[;] “(3) the disregard of standards of behavior which an employer can rightfully expect from its employe[e;] 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.” Kentucky Fried Chicken of Altoona Inc. v. Unemployment Compensation Board of Review, 10 Pa. Commw. 90, 97 , 309 A.2d 165, 168-

2006In Frumento v. Unemployment Compensation Board of Review, 466 Pa. 81, 83-84 , 351 A.2d 631, 632 (1976), our supreme court defined “willful misconduct” as: an act of wanton or willful disregard of the employer’s interest, a deliberate violation of the employer’s rules, a disregard of standards of behavior which the employer has a right to expect of an employee, or negligence indicating an intentional disregard of the employer’s interest or of the employe's duties and obligations to the employer. 7 .

2006In Frumento v. Unemployment Compensation Board of Review, 466 Pa. 81, 83-84 , 351 A.2d 631, 632 (1976), our supreme court defined “willful misconduct” as: an act of wanton or willful disregard of the employer’s interest, a deliberate violation of the employer’s rules, a disregard of standards of behavior which the employer has a right to expect of an employee, or negligence indicating an intentional disregard of the employer’s interest or of the employe's duties and obligations to the employer. 7 .

2016This Court has defined willful misconduct, in relevant part, as “the deliberate violation of [an employer’s] rules” or “the 7 disregard of standards of behavior which an employer can rightfully expect from his employee.” Guthrie v. Unemployment Compensation Board of Review, 738 A.2d 518, 521 (Pa. Cmwlth. 1999).

2015Section 704 of the Administrative Agency Law, 2 Pa.C.S. §704. 6 Initially, we note that, although the Law does not define the term willful misconduct, our courts have defined it as including: “(1) the wanton and willful disregard of the employer’s interests; (2) the deliberate violation of rules; (3) the disregard of standards of behavior which an employer can rightfully expect from its employee; 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.” Guthrie v.

1978In Harbutz v. Unemployment Compensation Board of Review, 10 Pa. Commonwealth Ct. 235, 237 , 309 A.2d 840, 841 (1973), we stated the following definition of willful conduct: '“. . . an act of wanton or willful disregard of the employer’s interest, a deliberate violation of the employer’s rules, a disregard of standards of behavior, ... or negligence in such degree or recurrence as to manifest culpability, wrongful intent, or evil design, or show an intentional and substantial disregard of the employer’s interest or of the employee’s duties and obligations to the employer.” ’ See: Harmer Unemplo

1978In Harbutz v. Unemployment Compensation Board of Review, 10 Pa. Commonwealth Ct. 235, 237 , 309 A.2d 840, 841 (1973), we stated the following definition of willful conduct: '“. . . an act of wanton or willful disregard of the employer’s interest, a deliberate violation of the employer’s rules, a disregard of standards of behavior, ... or negligence in such degree or recurrence as to manifest culpability, wrongful intent, or evil design, or show an intentional and substantial disregard of the employer’s interest or of the employee’s duties and obligations to the employer.” ’ See: Harmer Unemplo

1993This Court, in McLean v. Unemployment Compensation Board of Review, 476 Pa. 617, 620 , 383 A.2d 533, 535 (1978) (quoting Moyer Unemployment Compensation Case, 177 Pa.Super. 72, 74 , 110 A.2d 753, 754 (1955)), defined “willful misconduct” as: ... an act of wanton or willful disregard of the employer’s interest, a deliberate violation of the employer’s rules, a disregard of standards of behavior which the employer has a right to expect of an employee, or negligence indicating an intentional disregard of the employer’s interest or of the employe’s duties and obligations to the employer.

1993The Law does not define willful misconduct; however, our Supreme Court in Frumento v. Unemployment Compensation Board of Review, 466 Pa. 81 , 351 A.2d 631 (1976) adopted the definition of “willful misconduct”, as defined by the Superior Court, in Moyer Unemployment Compensation Case, 177 Pa.Superior Ct. 72, 110 A.2d 753 (1955), to “comprehend an act of wanton or willful disregard of the employer’s interest, a deliberate violation of the employer’s rules, a disregard of standards of behavior which the employer has a right to expect of an employee, or negligence indicating an intentional disrega

2003Deliberate violation of a work rule or policy has long been found to be "willful misconduct." Altemus v. Unemployment Compensation Board of Review, 681 A.2d 866 (Pa.Cmwlth.1996). [1] Act of December 5, 1936, Second Ex.Sess., P.L. (1937), as amended, 43 P.S. § 802(e).

2003Deliberate violation of a work rule or policy has long been found to be "willful misconduct.” Altemus v. Unemployment Compensation Board of Review, 681 A.2d 866 (Pa.Cmwlth.1996). .

2026Grieb v. Unemployment Compensation Board of Review, 827 A.2d 422, 425 (Pa. 2003).

2022Most importantly, Employer failed to appear at the hearing and 13 See Grieb v. Unemployment Compensation Board of Review, 827 A.2d 422, 425 (Pa. 2003) (defining willful misconduct as (1) a wanton and willful disregard of an employer’s interests; (2) a deliberate violation of an employer’s rules; (3) a disregard of the standards of behavior that an employer can rightfully expect from an employee; or (4) negligence showing an intentional disregard of the employer’s interest or the employee’s duties and obligations).

2015Rossi v. Unemployment Compensation Board of Review, 676 A.2d 194, 197 (Pa. 1996) (emphasis added).

2014Rossi v. Unemployment Compensation Board of Review, 676 A.2d 194, 197 (Pa. 1996).

2018Oliver v. Unemployment Compensation Board of Review, 5 A.3d 432, 438 (Pa. Cmwlth. 2010) (en banc).

2018Bd. of Review, 5 A.3d 432, 438 (Pa. Cmwlth. 2010) (holding that “the Board is the ultimate factfinding body empowered to resolve conflicts in evidence, to determine the credibility of witnesses, and to determine the weight to be accorded evidence.”). 2 Section 402(e) provides, in pertinent part, that an employee shall be ineligible for compensation for any week “[i]n which [her] unemployment is due to his discharge or temporary suspension from work for willful misconduct connected with [her] work . . . .” The term “willful misconduct” has been defined to include: (1) the deliberate violation o

1982The meaning of willful misconduct “has been judicially developed to encompass the wanton and willful disregard of an employer’s interest, a deliberate violation of rules, a disregard of expected behavior standards or negligence manifesting culpability, wrongful intent, evil design or intentional and substantial disregard of the employer’s interests or the employe’s duties and obligations.” Serban v. Unemployment Compensation Board of Review, 29 Pa. Commonwealth Ct. 147, 150 , 370 A.2d 755, 756 (1977).

1982The meaning of willful misconduct “has been judicially developed to encompass the wanton and willful disregard of an employer’s interest, a deliberate violation of rules, a disregard of expected behavior standards or negligence manifesting culpability, wrongful intent, evil design or intentional and substantial disregard of the employer’s interests or the employe’s duties and obligations.” Serban v. Unemployment Compensation Board of Review, 29 Pa. Commonwealth Ct. 147, 150 , 370 A.2d 755, 756 (1977).

2017“There are four categories of activity that can constitute willful misconduct: (1) the wanton or willful disregard of the employer’s interests; (2) the deliberate violation of the employer’s rules; (3) the disregard of the standards of behavior which an employer can rightfully expect from an employee; and (4) negligence demonstrating an intentional disregard of the employer’s interests or the employee’s duties and obligations to the employer.” Kelly, 747 A.2d at 439 . 5 Habitual or excessive tardiness can constitute willful misconduct which renders an employee ineligible for benefits under Sec

2017“There are four categories of activity that can constitute willful misconduct: (1) the wanton or willful disregard of the employer’s interests; (2) the deliberate violation of the employer’s rules; (3) the disregard of the standards of behavior which an employer can rightfully expect from an employee; and (4) negligence demonstrating an intentional disregard of the employer’s interests or the employee’s duties and obligations to the employer.” Kelly, 747 A.2d at 439 . 5 Habitual or excessive tardiness can constitute willful misconduct which renders an employee ineligible for benefits under Sec

2019Johns v. Unemployment Compensation Board of Review, 87 A.3d 1006, 1009 (Pa. Cmwlth. 2014).

2015Among other things, willful misconduct may include a deliberate violation of the 3 Our scope of review “is limited to determining whether the necessary findings of fact were supported by substantial evidence, whether errors of law were committed or whether constitutional rights were violated.” Johns v. Unemployment Compensation Board of Review, 87 A.3d 1006 , 1009 n.2.

1978In Lytle v. Unemployment Compensation Board of Review, 36 Pa. Commonwealth Ct. 77, 80 , 387 A.2d 962, 963 (1978), we wrote: [T]he wanton and willful disregard of an employer’s interest, a deliberate violation of the employer’s rules, a disregard of expected standards of behavior, or negligence manifesting culpability, wrongful intent, evil design or an intentional disregard of the employer’s interest or the employee’s duties or obligations to the employer [constitute willful misconduct].

1978In Lytle v. Unemployment Compensation Board of Review, 36 Pa. Commonwealth Ct. 77, 80 , 387 A.2d 962, 963 (1978), we wrote: [T]he wanton and willful disregard of an employer’s interest, a deliberate violation of the employer’s rules, a disregard of expected standards of behavior, or negligence manifesting culpability, wrongful intent, evil design or an intentional disregard of the employer’s interest or the employee’s duties or obligations to the employer [constitute willful misconduct].

1996Selan, 495 Pa. at 343 , 433 A.2d at 1339 ; McLean, 476 Pa. at 619 , 383 A.2d at 535 . 4 *267 We have adopted the following definition of willful misconduct: an act of wanton or willful disregard of the employer’s interest, a deliberate violation of the employer’s rules, a disregard of standards of behavior which the employer has a right to expect of an employee, or negligence indicating an intentional disregard of the employer’s interest or of the employee’s duties and obligations to the employer.

1996Selan, 495 Pa. at 343 , 433 A.2d at 1339 ; McLean, 476 Pa. at 619 , 383 A.2d at 535 . 4 *267 We have adopted the following definition of willful misconduct: an act of wanton or willful disregard of the employer’s interest, a deliberate violation of the employer’s rules, a disregard of standards of behavior which the employer has a right to expect of an employee, or negligence indicating an intentional disregard of the employer’s interest or of the employee’s duties and obligations to the employer.

1978In Harbutz v. Unemployment Compensation Board of Review, 10 Pa. Commonwealth Ct. 235, 237 , 309 A.2d 840, 841 (1973), we stated the following definition of willful conduct: '“. . . an act of wanton or willful disregard of the employer’s interest, a deliberate violation of the employer’s rules, a disregard of standards of behavior, ... or negligence in such degree or recurrence as to manifest culpability, wrongful intent, or evil design, or show an intentional and substantial disregard of the employer’s interest or of the employee’s duties and obligations to the employer.” ’ See: Harmer Unemplo

1978In Harbutz v. Unemployment Compensation Board of Review, 10 Pa. Commonwealth Ct. 235, 237 , 309 A.2d 840, 841 (1973), we stated the following definition of willful conduct: '“. . . an act of wanton or willful disregard of the employer’s interest, a deliberate violation of the employer’s rules, a disregard of standards of behavior, ... or negligence in such degree or recurrence as to manifest culpability, wrongful intent, or evil design, or show an intentional and substantial disregard of the employer’s interest or of the employee’s duties and obligations to the employer.” ’ See: Harmer Unemplo

1976Willful misconduct has been defined to mean: “ [A] wanton or willful disregard of the employer’s interest, a deliberate violation of the employer’s rules, a disregard of standards of behavior which the employer has the right to expect of his employees, or negligence in such degree or recurrence as to manifest culpability, wrongful intent, or evil design, or show an intentional and substantial disregard of the employer’s interests or of the employee’s duties and ob *159 ligations to the employer.” Loder v. Unemployment Compensation Board of Review, 6 Pa. Commonwealth Ct. 484, 488 , 296 A.2d 297

1976Willful misconduct has been defined to mean: “ [A] wanton or willful disregard of the employer’s interest, a deliberate violation of the employer’s rules, a disregard of standards of behavior which the employer has the right to expect of his employees, or negligence in such degree or recurrence as to manifest culpability, wrongful intent, or evil design, or show an intentional and substantial disregard of the employer’s interests or of the employee’s duties and ob *159 ligations to the employer.” Loder v. Unemployment Compensation Board of Review, 6 Pa. Commonwealth Ct. 484, 488 , 296 A.2d 297

2018Navickas v. Unemployment Compensation Board of Review, 787 A.2d 284, 288 (Pa. 2001).

2017Navickas v. Unemployment Compensation Board of Review, 787 A.2d 284, 288 (Pa. 2001).

2018Caterpillar, 703 A.2d at 456 ; Scott, 36 A.3d at 647 .

2018Caterpillar, 703 A.2d at 456 ; Scott, 36 A.3d at 647 .

2018Caterpillar, 703 A.2d at 456 ; Scott, 36 A.3d at 647 .

2018Caterpillar, 703 A.2d at 456 ; Scott, 36 A.3d at 647 .

2025Chapman v. Unemployment Compensation Board of Review, 20 A.3d 603, 606-07 (Pa. Cmwlth. 2011) (citations omitted).

2017The Law does not define willful misconduct; however, numerous decisions of this Court have defined the term as: (1) the wanton and willful disregard of the employer’s interests; (2) the deliberate violation of rules; (3) the disregard of standards of behavior that an employer can rightfully expect from his employee; 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. 9 Chapman, 20 A.3d at 606-07 .

1976Although willful misconduct has not been defined by the legislature, we have defined it to mean: “an act of wanton or willful disregard of the employer’s interest, a deliberate violation of the employer’s rules, a disregard of standards of behavior which the employer has the right to expect of his employee, or negligence in such degree or recurrence as to manifest culpability, wrongful intent, or evil design, or show an intentional and substantial disregard of the employer’s interest or of the employee’s duties and obligations to the employer.” MacFarlane v. Unemployment Compensation Board of

1976Although willful misconduct has not been defined by the legislature, we have defined it to mean: “an act of wanton or willful disregard of the employer’s interest, a deliberate violation of the employer’s rules, a disregard of standards of behavior which the employer has the right to expect of his employee, or negligence in such degree or recurrence as to manifest culpability, wrongful intent, or evil design, or show an intentional and substantial disregard of the employer’s interest or of the employee’s duties and obligations to the employer.” MacFarlane v. Unemployment Compensation Board of

2018Philadelphia Parking Authority v. Unemployment Compensation Board of Review, 1 A.3d 965, 969 (Pa. Cmwlth. 2010).

2016Philadelphia Parking Authority v. Unemployment Compensation Board of Review, 1 A.3d 965 , 969 (Pa.Cmwlth.2010).

1995“Willful misconduct,” as defined by the Supreme Court in Myers v. Unemployment Compensation Board of Review, 533 Pa. 373, 37 , 625 A.2d 622, 625 (1993), is: an act of wanton or willful disregard of the employer’s interest, a deliberate violation of the employer’s rules, a disregard of standards of behavior which the employer has a right to expect of an employee, or negligence indicating an intentional disregard of the employer’s interest or of the employe’s duties and obligations to the employer.

1995“Willful misconduct,” as defined by the Supreme Court in Myers v. Unemployment Compensation Board of Review, 533 Pa. 373, 37 , 625 A.2d 622, 625 (1993), is: an act of wanton or willful disregard of the employer’s interest, a deliberate violation of the employer’s rules, a disregard of standards of behavior which the employer has a right to expect of an employee, or negligence indicating an intentional disregard of the employer’s interest or of the employe’s duties and obligations to the employer.

1995Metropolitan Edison Co. v. Unemployment Compensation Board of Review, 146 Pa.Commonwealth Ct. 648, 606 A.2d 955 (1992).

1995Metropolitan Edison Co. v. Unemployment Compensation Board of Review, 146 Pa.Cmwlth. 648 , 606 A.2d 955 (1992).

1980Although the phrase “willful misconduct” is not defined in the statute, our Court has consistently interpreted willful misconduct as ‘... an act of wanton or wilful disregard of the employer’s interest, a deliberate violation of the employer’s rules, a disregard of standards of behavior which the employer has the right to expect of his employe or negligence in such degree or recurrence as to manifest culpability, wrongful intent, or evil design, or show an intentional and substantial disregard of the employer’s interest or the employe’s duties and obligations to the employer.’ (Emphasis delete

1980Although the phrase “willful misconduct” is not defined in the statute, our Court has consistently interpreted willful misconduct as ‘... an act of wanton or wilful disregard of the employer’s interest, a deliberate violation of the employer’s rules, a disregard of standards of behavior which the employer has the right to expect of his employe or negligence in such degree or recurrence as to manifest culpability, wrongful intent, or evil design, or show an intentional and substantial disregard of the employer’s interest or the employe’s duties and obligations to the employer.’ (Emphasis delete

1990On appeal to this court, 2 claimant raises two issues: (1) whether claimant committed willful misconduct; and (2) whether the Board incorrectly applied section 402(e) instead of section 3 of the Law. 3 As to the first issue, “willful misconduct” has been defined as “a wanton and willful disregard of an employer’s interests, a deliberate violation of an employer’s rules, a disregard of the standards of behavior which an employer can rightfully expect of an employee, or negligence manifesting culpability, wrongful intent, evil design or intentional and substantial disregard of an employer’s inte

1990On appeal to this court, [2] claimant raises two issues: (1) whether claimant committed willful misconduct; and (2) whether the Board incorrectly applied section 402(e) instead of section 3 of the Law. [3] As to the first issue, "willful misconduct" has been defined as "a wanton and willful disregard of an employer's interests, a deliberate violation of an employer's rules, a disregard of the standards of behavior which an employer can rightfully expect of an employee, or negligence manifesting culpability, wrongful intent, evil design or intentional and substantial disregard of an employer's