72 Pa. Commw. 491 | Pa. Commw. Ct. | 1983
Opinion by
Robert E. Maikits '(Claimant) appeals here from a decision of the Unemployment Compensation Board of Review (Board) which affirmed and adopted a referee’s decision holding that Claimant was ineligible for unemployment compensation benefits on the basis of willful misconduct under 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).
Claimant was employed as a truck driver for Keystone Food Products (Employer). On September 13, 1981, Claimant left his Employer’s plant to make deliveries in several New England states. After making all but his last delivery, Claimant encountered problems with the fuel line in his truck. Claimant called his traffic manager who arranged to have their leasing
The Board found that by reason of Claimant’s actions, Employer incurred additional delivery costs because another truck and driver had to be dispatched to make Claimant’s delivery to the irate Connecticut customer, and that this, coupled with the fact that Claimant did not follow his Employer’s policy of carrying expense money with him on trips and his statement that his anger toward 'his traffic manager was the reason he returned home rather than make his scheduled delivery, caused the Employer to discharge Claimant. The Board determined Claimant’s actions in these respects amounted to willful misconduct since his unauthorized action was not in the best interest of his Employer and was a violation of conduct the Employer had every reason to expect of his employee.
Claimant challenges this decision alleging that his conduct was not willful since the Employer failed to prove the existence of a rule, requiring the carrying of advance money, which Claimant disregarded. There is no merit in this contention. It is not always necessary to show the violation of a company rule to establish willful misconduct. It is sufficient to establish
Claimant next challenges the Board’s holding alleging that his discharge, without any prior offenses, was violative of the Employer’s own handbook requiring-a lesser penalty than discharge for leaving a work area without permission, or negligent conduct causing injury or damage, the only two offenses enumerated in the handbook of which Claimant alleges he can be found guilty- The question to be answered here, however, is not whether Claimant should have been discharged but whether he should receive unemployment compensation benefits. An employer may discharge an -employee for any number of reasons, but whether or not the reason for the discharge disqualifies claimant from receiving unemployment compensation benefits depends on the circumstances of each ■ease. Under the circumstances presented here, Claimant’s conduct does disqualify him from receiving such benefits. This Court has stated several times before that a single dereliction of duty may constitute willful misconduct, where such conduct is more than of a minor, casual or insignificant nature, and where, as here, there is a knowing violation of an Employer’s instructions. Wright v. Unemployment Compensation Board of Review, 66 Pa. Commonwealth Ct. 506, 445 A.2d 556 (1982).
•Order affirmed.
Order
It is ordered that the order of the Unemployment Compensation Board of Review, dated January 19, 1982, and numbered.B-202746 is hereby affirmed.