168 Pa. Super. 618 | Pa. Super. Ct. | 1951
In this unemployment compensation case, upon appeal by the employer, the referee reversed the decision of the bureau, which had found claimant eligible for benefits. The referee found that the claimant provoked her own discharge by taking time off without permission and regardless of a warning as to the result. The referee held that she was ineligible for benefits under section 102 (e) of the Unemployment Compensation Law, as amended by the Act of May 23, 1919, P.L. 1738, 13. PS §802. The Unemployment Compensation Board of Review affirmed the decision of the referee. After appealing to this Court, claimant neither filed a brief nor appeared when the case was called for argument, although she had received notice of the time and place. Her appeal will be dismissed in accordance with our Rule 58.
However, we have reviewed the record and our conclusion is that the decision of the Board must be affirmed. The employer did not appear to testify at any of the proceedings, and all findings of fact were therefore based upon the testimony, of the claimant. She was employed as a salesgirl by the Sours Variety Store in Mansfield, Pennsylvania, .and she worked there approximately six months. While the evidence as to the ownership of the store is .somewhat inconclusive, the Board considered the husband and wife to be co-owners. Claimant’s husband was a student at Mansfield State Teachers College. She testified that at the.time she.ac-
Any discussion between claimant and Mrs. Sours at the time of hiring was too vague and indefinite to constitute a binding condition to the employment contract. Consequently, the question is whether claimant’s action in absenting herself from work after her request had been refused, with notice that if she absented herself she would be discharged, constitutes willful misconduct disqualifying her from compensation under section 402 (e) of the Unemployment Compensation Law.
■ Claimant’s conduct was unquestionably willful as she was absent from work notwithstanding' repeated denials of her - request' and unqualified warnings; that 'shell■ absencé would result in her discharge: Tlef áctióhs
In Devlin Unemployment Compensation Case, 165 Pa. Superior Ct. 153, 67 A. 2d 639, we held that repeated absences from work without good cause, and particularly in the face of warnings by the employer, constitute willful misconduct connected with' the work. The number of absences in that case was relevant as reflecting willfulness. In the present case claimant’s willfulness is clearly manifested by her conduct attendant on the one instance of unauthorized absence.
Appeal is dismissed.