O'Neil v. Schneller

Citations

• 63 Pa. Super. 196
• 1916 Pa. Super. LEXIS 134

Syllabus

<p>Master and servant — Insubordination—Discharge—Evidence.</p> <p>An employee, engaged for a given term, to charge the master with liability for wrongful discharge, must have rendered faithful service and have so conducted himself toward his fellow employees and others who are brought in contact with him, in a manner so as not to interfere with his master’s business or with his or his fellow employees’ usefulness in the proper discharge of their duties. .</p> <p>Where the evidence sustaining a justification for discharge is disputed, the question of justification is for the jury, but where the facts are undisputed or admitted, it becomes one. of law for the court.</p> <p>A master is not compelled to keep an employee, hired for a given term, in his service until the.master’s business has suffered pecuniary loss, where the employee is disobedient and quarrelsome with coemployees.</p> <p>Wben the master is justified in believing the employee’s conduct is such that an injury or loss to the business or a disorganization of the affairs is likely to follow from such conduct if it is permitted to continue, the master is warranted in discharging the employee:</p>