Sweigart v. Commonwealth’s Empirical Analysis
1979
Citation profile
25 state decisions
How this case has been cited
Cited by 25 later decisions — most recently June 2007 · most notably Fitzhugh v. New Mexico Department of Labor, Employment Security Division (1996), Helsel v. Commonwealth (1980)
25 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 133 Pa. Super. 518 - Lab. Ind. Dept. v. Unemp. Comp. Board · Rettan v. Commonwealth · Rizzitano v. Commonwealth · 30 Pa. Commw. 118 - Baird v. Unemployment Compensation Board of Review · 14 Pa. Commw. 398 - Thomas v. Commonwealth
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In Labor and Industry Department v. Unemployment Compensation Board of Review, 133 Pa. Super. 518 , 3 A.2d 211 (1938), the Superior Court defined voluntary as leaving on one’s own motion and as the opposite of discharge. “[W]here the employe, without action by the employer, resigns, leaves or quits his employment, his action amounts to ‘voluntarily leaving work,’ ...” (Emphasis added.) Id. at 522 , 3 A.2d at 214 . In cases similar to the one before us now, we have held that in order for an employer’s language to be interpreted as a discharge it must possess the immediacy and finality of a “firing.” Lawlor v. Unemployment Compensation Board of Review, 37 Pa. Cmwlth. 380, 385, 391 A.2d 8, 11 (1978); Rizzitano v. Unemployment Compensation Board of Review, 32 Pa. Cmwlth. 59, 62, 377 A.2d 1060, 1061 (1977). The degree of certainty in an employer’s language resulting in a termination has often been the difference between those cases in which the Courts have found that an employee’s termination was voluntary and those in which the employer’s rather than the employee’s act was deemed to effect the termination. Cf. Smith v, Unem ployment Compensation Board of Review, 41 Pa. Cmwlth. 57, 398 A.2d 256 (1979) (where we held an employee’s resignation in response to a supervisor’s telling her that he would recommend to the agency director that she be fired to be a voluntary termination because of the uncertainty that the director would have accepted the supervisor’s recommendation) and Thom”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.