34 Pa. Commw. 23 | Pa. Commw. Ct. | 1978
• Opinion by
Petitioner (claimant) appeals a decision of the Unemployment Compensation Board of Beview (Board) which denied unemployment compensation benefits on the ground of wilful misconduct pursuant- to Section 402(e) of the Unemployment Compensation Law (Law), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43, P.S. §802(e). We affirm.
Claimant had been employed by Thomas Jefferson University as a radiology scheduler for four years when she was discharged for an unauthorized absence. On her last day of work, Friday, May 2, 1975, claim
Claimant was denied unemployment compensation benefits by the Bureau of Employment Security (Bureau) under Section 102(e) of the Law. Following a hearing where petitioner was not represented by counsel but the employer was represented by a tax consultant, the referee issued a determination affirming the Bureau. A remand hearing was held before a Board hearing officer to afford petitioner an opportunity to be represented by counsel. Following the hearing the Board affirmed the findings of the referee and concluded the claimant’s conduct constituted willful misconduct.
Claimant has raised two questions in this appeal: first, whether there was sufficient evidence to sustain
Failure to report the reason for an absence in the proper manner under company policy is conduct which can constitute willful misconduct sufficient to preclude the granting of benefits pursuant to Section 402(e) of the Law since such behavior constitutes a deliberate disregard of the standards of behavior an employer can rightfully expect of an employee. Chiango v. Unemployment Compensation Board of Review, 33 Pa. Commonwealth Ct. 610, 382 A.2d 789 (1978); Ferko v. Unemployment Compensation Board of Review, 9 Pa. Commonwealth Ct. 597, 309 A.2d 72 (1973). Claimant, however, contends that no company rule was violated since the reason for her absence was promptly reported by her sister. Claimant further contends that her failure to call her supervisor during the week of her absence could not constitute willful misconduct since the memorandum indicates that she would have been terminated whether or not she telephoned her employer. This assertion, however, is contrary to the findings of the Board that claimant was discharged only after her failure to telephone her supervisor, and this Court is bound by such findings if supported by substantial evidence. Yasgur v. Unemployment Compensation Board of Review, 16 Pa. Commonwealth Ct. 33, 328 A.2d 908 (1974). Questions of credibility, evidentiary weight, and the inferences to be drawn from the evidence are for the Board to decide. Unemployment Compensation Board of Review v. Haughton Elevator Co., 21 Pa. Commonwealth Ct. 307, 345 A.2d 297
Accordingly, we will enter the following
Order
And Now, February 24, 1978, the order of the Unemployment Compensation Board of Beview, Decision No. B-134479, dated September 9, 1976, is hereby affirmed.