http://www.pennlive.com/news/2016/02/surly_casino_worker_cant_get_u.html#incart_river_index
[h=1]Surly casino worker can't get unemployment compensation, court says[/h]
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A table games dealer fired after arguing with his bosses committed willful misconduct, a state appeals court ruled. (file)
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By Matt Miller | [email]mmiller@pennlive.com[/email]The Patriot-News
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on February 19, 2016 at 11:52 AM, updated February 19, 2016 at 12:37 PM
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Junsai Xu had a record of arguing when he worked as a table games dealer at the Sands Casino Resort in Bethlehem.He argued with customers. He argued with his bosses.
And after he was fired over a set-to with three supervisors, he even irritated a state referee who heard his plea for unemployment compensation.
On Friday, a Commonwealth Court panel ruled there was sufficient evidence to show Xu's documented surliness morphed into willful misconduct that renders him ineligible for jobless aid.
As outlined in an opinion by Senior Judge Bonnie Brigance Leadbetter, Xu was called out repeatedly for his conduct during the four years he worked at the casino.
The casino's employee handbook forbids workers from arguing or being rude to guests or co-workers, Leadbetter noted.
Yet in December 2013, Xu was given a written warning for insubordination when he failed to follow a boss' orders, the judge wrote. He received another warning in February 2014 for being rude to customers and argumentative with supervisors. That August, he was cited again for arguing with and swearing at guests, although it was noted that a customer started that confrontation.
Although Xu was warned that another misstep would get him fired, he got into an argument with three supervisors on the floor of the casino in October 2014 after one of them advised him about the proper placement of his hands on the gaming table, according to Leadbetter. That time, Xu was axed.
Leadbetter noted that a state referee deemed Xu's demeanor to be rude during a subsequent appeal hearing in the compensation case.
Alhough Xu claimed the referee was prejudiced against him, the state judges found that he received a fair hearing and the denial of his jobless aid is justified. Xu's argument that he shouldn't have been questioned about his hand placement fell flat.
""Because he was fired for his inappropriate reaction to being corrected, it is irrelevant whether he believes he should have been corrected in the first place," Leadbetter wrote.
[h=1]Surly casino worker can't get unemployment compensation, court says[/h]
<!-- /headline -->
A table games dealer fired after arguing with his bosses committed willful misconduct, a state appeals court ruled. (file)
<!-- -->PrintEmail
By Matt Miller | [email]mmiller@pennlive.com[/email]The Patriot-NewsEmail the author | Follow on Twitter
on February 19, 2016 at 11:52 AM, updated February 19, 2016 at 12:37 PM
<!-- /Byline -->
<!-- /social_top -->
0 shares
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<!-- /#article_inset --><!-- Article -->
Junsai Xu had a record of arguing when he worked as a table games dealer at the Sands Casino Resort in Bethlehem.He argued with customers. He argued with his bosses.
And after he was fired over a set-to with three supervisors, he even irritated a state referee who heard his plea for unemployment compensation.
On Friday, a Commonwealth Court panel ruled there was sufficient evidence to show Xu's documented surliness morphed into willful misconduct that renders him ineligible for jobless aid.
As outlined in an opinion by Senior Judge Bonnie Brigance Leadbetter, Xu was called out repeatedly for his conduct during the four years he worked at the casino.
The casino's employee handbook forbids workers from arguing or being rude to guests or co-workers, Leadbetter noted.
Yet in December 2013, Xu was given a written warning for insubordination when he failed to follow a boss' orders, the judge wrote. He received another warning in February 2014 for being rude to customers and argumentative with supervisors. That August, he was cited again for arguing with and swearing at guests, although it was noted that a customer started that confrontation.
Although Xu was warned that another misstep would get him fired, he got into an argument with three supervisors on the floor of the casino in October 2014 after one of them advised him about the proper placement of his hands on the gaming table, according to Leadbetter. That time, Xu was axed.
Leadbetter noted that a state referee deemed Xu's demeanor to be rude during a subsequent appeal hearing in the compensation case.
Alhough Xu claimed the referee was prejudiced against him, the state judges found that he received a fair hearing and the denial of his jobless aid is justified. Xu's argument that he shouldn't have been questioned about his hand placement fell flat.
""Because he was fired for his inappropriate reaction to being corrected, it is irrelevant whether he believes he should have been corrected in the first place," Leadbetter wrote.
