53 Pa. Commw. 434 | Pa. Commw. Ct. | 1980
Opinion by
Amy L. Jimenez (claimant) has appealed from an order of the Unemployment Compensation Board of Review (Board) which denied her benefits because of willful misconduct, pursuant to 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). We affirm.
Claimant was employed by the Medical College of Pennsylvania as a research technician for approximately nine months prior to her discharge. On Monday, December 4, 1978, claimant called Dr. Jocelyn Prendergast, her supervisor, and informed Dr. Prendergast that she would not be in that day. The Board found that claimant also requested the rest of the week off so that she could prepare for a graduate record examination. Dr. Prendergast, after considering claimant’s request, denied the leave and told claimant, that she was needed to complete a pressing research
It is well settled that the refusal of an employee, without good cause, to obey the reasonable directive of his employer constitutes willful misconduct. Baillie v. Unemployment Compensation Board of Review, 51 Pa. Commonwealth Ct. 181, 413 A.2d 1199 (1980); Affalter v. Unemployment Compensation Board of Review, 40 Pa. Commonwealth Ct. 482, 397 A.2d 863 (1979); Szwast Unemployment Compensation Case, 186 Pa. Superior Ct. 134, 140 A.2d 373 (1958). Here it is undisputed that claimant did not report to work as directed by Dr. Prendergast. Yet claimant argues that her conduct was justified by medical reasons, which admittedly were not mentioned to Dr. Prendergast when claimant requested the leave but were advanced before the referee as the true reasons for claimant’s request. Claimant also argues that the Board failed to make any findings on her alleged justification, thereby requiring a remand. Both arguments are without merit.
Unlike those cases where a remand was required because no findings of any sort were made on the issue of good cause, see, e.g., Hughes v. Unemployment Compensation Board of Review, 40 Pa. Commonwealth Ct. 422, 397 A.2d 494 (1979); Kindrew v. Unemployment Compensation Board of Review, 37 Pa. Commonwealth Ct. 9, 388 A.2d 801 (1978), here the Board, as
We also find without merit claimant’s argument that, since she offered to work part of her normal work schedule, Dr. Prendergast’s insistence that claimant work her full schedule was unreasonable. Even if claimant could have finished the project by working only part of the week, it is the employer’s prerogative to determine the work schedule, not the employee’s. Cf. Tucker v. Unemployment Compensation Board of Review, 14 Pa. Commonwealth Ct. 262, 319 A.2d 195 (1974) (an employee is hired to do a particular task at an assigned time and place and the employer may make reasonable changes in one or all of these factors).
Order
And Now, this 12th day of August, 1980, the order of the Unemployment Compensation Board of Beview, dated March 10, 1979, denying benefits to Amy L. Jimenez, is affirmed.
Amended Order
And Now, this 19th day of September, 1980, the order of this Court dated August 12, 1980, in the above captioned case, is hereby amended to read as follows:
And Now, this 12th day of August, 1980, the order of the Unemployment Compensation Board of Beview, dated March 19, 1979, denying benefits to Amy L. Jimenez, is affirmed.
Claimant admitted that, on December 5, the morning she refused to work, she attended an interview for graduate school. This admission, combined with claimant’s offer to work the remainder of the week, hardly reflects the conduct of one too ill to work.