DocketNumber: Appeal, No. 605 C.D. 1984
Citation Numbers: 94 Pa. Commw. 624
Judges: Blatt, Colins, MacPhail
Filed Date: 2/5/1986
Status: Precedential
Modified Date: 6/24/2022
Opinion by
Rebecca A. Floyd petitions for review of the order of the Unemployment Compensation Board of Review (Board) which affirmed a referee’s denial of benefits on grounds of willful misconduct.
1.. Claimant was last employed by Butter’s Farm Store as a clerk at a last pay rate of $3.45 per hour. .She started her employment in October, 1982, and her last day of work was August 26, 1983.
2. The claimant was discharged by the employer because she violated a company rule regarding ringing up transactions.
3. On August 8,1983, the employer held a store meeting with the claimant and all employees where the severe problems in the store regarding cash and inventory shortages were discussed.
4. The employer emphasized the importance of completing all transactions and warned the employees that they would be discharged if transactions were not completed.
5. The claimant has a $400 transaction in May which had not been completed and at that time, the employer counselled her on the importance of completing all transactions.
*627 6. On claimant’s last shift'of work, she had a $300 transaction which she did not complete. 7. As a result, claimant was discharged.
The petitioner contends that the ■ Board erred legally in reaching a conclusion of willful misconduct
Accordingly, we will remand this matter to the Board so that it may make the necessary findings of fact as to whether or not Floyd’s noncomplianee was negligent and, if not, as to whether or not she had good cause for her noncompliance.
Order
And Now, this 5th day of February, 1986, the order of the Unemployment ¡Compensation Board of Review, Decision No. B-226418, is vacated and this matter is remanded to the Board for ¡further proceedings consistent with this Opinion.
Jurisdiction relinquished.
Section 402(e) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §802 (e), provides for the ineligibility of an individual who is discharged for work-related willful misconduct.
Floyd alleges several errors in tlie referee’s fact-finding, and, with regard to averments of factual errors, we are guided by tbe following statement of our Supreme Court:
It is now axiomatic in an unemployment compensation case, that the findings of fact made by the Board, or by the referee as the case may be, are conclusive on appeal so long as the record, taken as a whole, contains substantial evidence to support those findings. . . . The appellate court’s duty is to examine the testimony in the light most favorable to the party in whose favor the Board has found, giving that party the benefit of all inferences that can logically and reasonably be drawn from the testimony, to see if substantial evidence for the Board’s conclusion exists.
Taylor v. Unemployment Compensation Board of Review, 474 Pa. 351, 355, 378 A.2d 829, 831 (1977) (citations omitted).
Whether or not an employee’s actions constitute willful misconduct is a question of law subject to review. McLean v. Unemployment Compensation Board of Review, 476 Pa. 617, 383 A.2d 533 (1978). Noneomplianee with an employer directive can be willful misconduct. Simpson v. Unemployment Compensation Board of Review, 69 Pa. Commonwealth Ct. 120, 450 A.2d 305 (1982). The employer bears the burden of proving willful misconduct; however, if an employee attempts to-establish good cause for such conduct, that burden is on the employee. Westmoreland County Commissioners v. Unemployment Compensation Board of Review, 82 Pa. Commonwealth Ct. 313, 475 A.2d 170 (1984).