Barry C. Gillins v. Commonwealth Pennsylvania

The claimants, Barry C. Gillins and Richard O. Gibbs, in these appeals were denied benefits under section 3 of the Unemployment Compensation Law, Act of Dec. 5, 1936, P.L. 2897, art. I, ? 3 as amended, 43 P.S. ? 752 ("section 3"), and subsection 402(e) of that law, Act of Dec. 5, 1936, P.L. 2897, art IV, ? 402(e), as amended, 43 P.S. ? 802(e) ("subsection 402(e)"), respectively. The discharge or suspension was based solely on off-duty arrests. We consolidated these appeals to determine whether a claimant is ineligible for unemployment compensation benefits ("benefits") pursuant to section 3 or subsection 402(e) of the Unemployment Compensation Law where discharge is based solely on the fact of an off-duty arrest, without proof of the underlying charges. For the reasons that follow, we hold that a claimant is not ineligible for benefits where discharge is based solely on the fact of an off-duty arrest, without proof of the underlying charges.