Mula v. Commonwealth

Opinion by

Judge Crumlish, Jr.,

James S. Mula, a manager for Ponderosa Steak House1 was terminated from his employment for throwing a chair at a patron during an altercation. The Unemployment Compensation Board of Review denied benefits for willful misconduct chargeable under Section 402(e)2 of the Unemployment Compensation Law. We affirm.

Mula contends that he escapes disqualification under Section 402(e) because the patron initiated the violence by punching him.

While we recognize Mula’s right to defend himself against physical assault, the record establishes that his action was in retaliation…