Arnold v. Unemployment Compensation Board of Review

I respectfully dissent from the majority decision because Claimant’s vulgar comment made to a co-worker about a customer within his earshot constituted willful misconduct.

It is not disputed that Claimant was almost hit by a customer’s car exiting the drive-thru lane of Wendy’s. However, the majority incorrectly finds that such conduct by the customer was sufficient provocation for Claimant’s vulgar comment — “What an asshole”— because she was instinctively responding to a life-threatening situation. The majority relies on Horace W. Longacre, Inc. v. Unemployment Compensation Board of Review,…