Merlino v. Unemployment Compensation Board of Review
Pennsylvania Commonwealth Court
113 Pa. Commw. Ct. 209, 536 A.2d 863 (1988)
- Written by Jenny Perry, JD
Facts
Anita Merlino (plaintiff) worked for Nordic Fisheries, Inc. (Nordic) in both its wholesale and retail fish businesses. Merlino’s husband, who also worked for Nordic, opened a retail fish store three miles from Nordic’s retail store in an area from which Nordic drew a substantial portion of its business. Merlino’s husband signed the lease for the new store individually, and the ownership of the business was in his name only, although Merlino acknowledged that she would be involved in the operation of the new business. Nordic discharged both Merlino and her husband on the grounds that the new store would constitute a conflict of interest. At the time of the discharge, the only actions Merlino herself had taken on behalf of her husband’s business were to use a personal day for the store’s grand opening and to sign a health-department inspection report. Merlino’s claim for unemployment benefits was denied based on a finding that Merlino engaged in willful misconduct. The Unemployment Compensation Board of Review (board) (defendant) affirmed, and Merlino appealed.
Rule of Law
Issue
Holding and Reasoning (MacPhail, J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
