Fondel v. Unemployment Compensation Board
Pennsylvania Commonwealth Court
111 Pa. Commw. Ct. 123, 533 A.2d 789 (1987)
Matthew Fondel (plaintiff) was employed by the Naval Air Development Center (employer) in Pennsylvania. Fondel’s supervisor requested a meeting to discuss Fondel’s work product. Fondel refused to attend without representation, which the supervisor refused to permit. The next day, the supervisor contacted Fondel again. According to the supervisor, Fondel responded with abusive language and hung up on him. The employer discharged Fondel for refusing to comply with his supervisor’s reasonable order. Fondel denied having made any abusive statements and accused the supervisor of lying. The Unemployment Compensation Board (board) (defendant) denied Fondel’s claim for unemployment benefits, finding that Fondel had engaged in willful misconduct. Fondel appealed, arguing that because he was a federal employee, 5 U.S.C. § 7513(a) required the employer to demonstrate that Fondel’s discharge would promote the efficiency of federal service.
Rule of Law
Holding and Reasoning (Palladino, J.)
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