Tundel v. Commonwealth’s Empirical Analysis

Citation profile

24 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[a]n incident of willful misconduct cannot be temporally remote from the ultimate dismissal and still be the basis for a denial of benefits.”

   2 later decisions quote this exact passage
   e.g. Raimondi v. Unemployment Compensation Board of Review · 127 Pa. Commw. 293 - Na Klinger v. Unemp. Comp. Bd. of Rev.

2. “Finally, UCBR’s finding of occasional tardiness is insufficient to support the legal conclusion of willful misconduct. While constant or excessive tardiness may be considered to be clear evidence of a conscious disregard of an employer’s interests or tardiness that persists in the face of explicit warnings or enunciated standard policy may constitute willful misconduct, see Unemployment Compensation Board of Review v. Schmid, 20 Pa. Commonwealth Ct. 286 , 341 A.2d 553 (1975), a finding of occasional lateness without concomitant evidence and findings of promulgated standard policy or warnings of the consequences will not support the denial of benefits provided by Section 402(e).”

   1 later decision quote this exact passage
   e.g. 50 Pa. Commw. 272 - American Process Lettering, Inc. v. Commonwealth

3. “[m]ere dissatisfaction with an employee's performance will not disqualify the employee from receiving benefits upon his discharge; the employer must shoulder his burden of proof by demonstrating that a specific transgression or amalgam of transgressions amounting to willful misconduct actually precipitated the employee's dismissal.”

   1 later decision quote this exact passage
   e.g. 127 Pa. Commw. 293 - Na Klinger v. Unemp. Comp. Bd. of Rev.