48 Pa. Commw. 338 | Pa. Commw. Ct. | 1980
Opinion by
Appellant (claimant) was last employed by appellee (hospital) as a clerk-typist for approximately ten years. Pier last day of work was July 12, 1976, at which time she became involved in an altercation with
On July 26, 1976, claimant received a letter dated July 22, 1976, informing her that she had been discharged effective July 23,1976. One stated reason for the discharge was her unauthorized absence from duty in violation of an employer’s rule providing that an employee’s unauthorized absence for a time period in excess of five days constitutes grounds for immediate discharge.
Claimant applied for unemployment benefits on July 25, 1976, but her application was denied by the Bureau of Employment Security
Whether an employee’s action leading to his dismissal rises to the level of willful misconduct is a question of law subject to our review. Donahue v. Unem
Claimant argues that her absence was justifiable and that she quit working for a compelling reason.
We find substantial evidence in the record to support the finding that claimant’s actions constituted willful misconduct in violation of her employer’s rules resulting in her dismissal.
Accordingly, we will enter the following
Order
And Now, January 8, 1980, the order of the Unemployment Compensation Board of Review, Decision No. B-144373, dated April 25, 1977, is affirmed and benefits are denied.
This decision was reached prior to the expiration of the term of office of Judge DiSalle.
Now Office of Employment Security. See 9 Pa. B. 2879 (1979).
At oral argument claimant, arguing pro se, seemed to change her position to agree that she was dismissed but argued her dismissal was not properly based on willful misconduct.