551 A.2d 1167 | Pa. Commw. Ct. | 1988
Opinion by
Kurt Caruso (Claimant) appeals an order of the Unemployment Compensation Board of Review (Board) denying benefits due to willful misconduct under the provisions of Section 402(e) of the Unemployment Compensation Law (Law).
Claimant was last employed by the Hammermill Paper Company (Employer) from April 16, 1976, at a final rate of $11.31 per hour and his last day of work was May 27, 1987. At or about 4:00 a.m. on May 27, 1987, Claimant, while intoxicated, appeared at the residence of a supervisor. The supervisor was working out of state at a plant that was embroiled in a labor dispute. The Board found that Claimant harassed and terrorized the supervisors wife and small child. Also present at the home was the wife’s brother-in-law, who was a fellow employee of Claimant. Claimant inquired in threatening tones of the brother-in-law whether he had become a “company man” instead of a “union man.” Claimant was arrested near the home and charged with harassment, public drunkenness and disorderly conduct. Claimant was suspended on May 28, 1987, pending an investigation of the incident by Employer. The suspension was converted to a discharge effective June 4, 1987. Claimant ultimately pleaded guilty to charges of public drunkenness and disorderly conduct in connection with this incident. The charge of harassment was dismissed. (Notes of Testimony, July 9, 1987, (N.T.) at 20.)
The Employer appealed to the Board, arguing that Claimant was ineligible pursuant to Section 402(e) of the Law. The Employer failed to preserve the issue of Claimants ineligibility under Section 3.
Claimant argues that his actions did not constitute willful misconduct.
For behavior to constitute wilful misconduct, it must evidence (1) the wanton and wilful disregard of the employer’s interest, (2) the deliberate violation of rules, (3) the disregard of standards of behavior which an employer can rightfully expect from his employe, or (4) negligence which manifests culpability, wrongful intent, evil design, or intentional and substantial disregard for the employer’s interests or the employee’s duties and obligations.
Kentucky Fried Chicken of Altoona, Inc. v. Unemployment Compensation Board of Review, 10 Pa. Commonwealth Ct. 90, 97, 309 A.2d 165, 168-169 (1973).
Claimant pleaded guilty to charges of public drunkenness and disorderly conduct in connection with this incident (N.T. at 20). It has long been the law that a criminal act connected with one’s work is in itself sufficient to constitute willful misconduct, even without any company rule forbidding it. Berger v. Unemployment Compensation Board of Review, 80 Pa. Commonwealth Ct. 388, 471 A.2d 912 (1984). Claimant’s actions
The only real question is whether Claimants conduct was “work-connected.” This Court stated in Gallagher v. Unemployment Compensation Board of Review, 36 Pa. Commonwealth Ct. 599, 602, n.3, 388 A.2d 785, 787, n.3 (1978), “there is no requirement that an employees misconduct occur on the employers premises and/or while on duty.”
And Now, this 27th day of December, 1988, the decision of the Unemployment Compensation Board of Review in the above-captioned matter is affirmed.
Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §802(e).
This Court has approved the denial of benefits pursuant to Section 3 in non-work-related situations in which the claimants conduct was contrary to acceptable standards of behavior, and in which the conduct directly reflects upon the claimants ability to perform his assigned duties. See Unemployment Compensation Board of Review v. Derk, 24 Pa. Commonwealth Ct. 54, 353 A.2d 915 (1976).
See Merida v. Unemployment Compensation Board of Review, 117 Pa. Commonwealth Ct. 181, 543 A.2d 593 (1988).
Decision of the Board, Findings of Fact, Nos. 2-4.
In his statement of the question, the conduct which Claimant ascribes to himself and which he suggests did not constitute willful misconduct is not the exact same conduct which the Board attribut
We cited therein the cases of Nevel v. Unemployment Compensation Board of Review, 32 Pa. Commonwealth Ct. 6, 377 A.2d 1045 (1977), and Cadden Unemployment Compensation Case, 195 Pa. Superior Ct. 159, 169 A.2d 334 (1961). In Cadden the employee drove his employers car home contrary to his employers policy. In Nevel, the claimant, an employee of the Pennsylvania Liquor Control Board, violated a law which his employer had the duty to administer and enforce.
N.T. at 10.
N.T. at 18.
Having determined that Claimants conduct was “work-connected,” we thus distinguish this matter from Dunbar v. Unemployment Compensation Board of Review, 82 Pa. Commonwealth
Although the issue was waived (See n.3, supra), Claimant may also have been ineligible for benefits pursuant to Section 3 of the Law.