Remcon Plastics, Inc. v. Unemployment Compensation Board of Review

In Remcon Plastics, Inc. v. Unemployment Compensation Board of Review, 651 A.2d 671 (Pa. Cmwlth. 1994), the Court appeared to put the burden on the employer to show that it had a proper purpose for firing the claimant, but not another employee engaged in identical misconduct. Id. at 673 In Remcon, the claimant and a coworker "freely entered into" a fight. Remcon, 651 A.2d at 672. The claimant was fired while the other employee who took part in the fight was not. Id. The Court ruled that, because the conduct each employee engaged in, the fight, was identical, the claimant and his coworker were similarly situated. Id. at 673. Therefore, this Court held that the claimant in Remcon was entitled to benefits.