Commonwealth Court

It is always wise to mind your tongue when talking to your boss.

Dominique Battle didn't do that - in fact she told her supervisor he was "being a little bitch" - and that comment is costing her.

First off, the Luzerne County woman was fired from her job as a cashier. And now, a Commonwealth Court panel has ruled that she isn't eligible for unemployment compensation.

Senior Judge Rochelle S. Friedman wrote in the state court's recent opinion that Battle had disciplinary issues even before her fateful outburst at P&R Discounts on Jan. 3. In fact, her boss had suspended her for not returning to work that day.

Battle made the "little bitch" comment while arguing with her boss about the suspension, Friedman noted. He promptly canned her for arguing and using profane language.

The case came to the state judges when Battle appealed a ruling by the state Unemployment Compensation Board of Review denying her jobless aid. Although she disputed her boss' account of the encounter, the state judges agreed Battle had committed willful misconduct that made her ineligible for unemployment comp.

Friedman cited prior court rulings that "even a single instance of vulgarity addressed to and unprovoked by a supervisor may support a finding of willful misconduct."

"We conclude that (Battle's) language was abusive, vulgar and offensive," Friedman wrote. And, she found, there is no indication her boss provoked it.