169 Pa. Super. 481 | Pa. Super. Ct. | 1951
Opinion by
In this unemployment compensation case the claimant has appealed from the decision of the Unemployment Compensation Board of Review denying benefits. The Board concluded that claimant was disqualified ■for compensation under Section 402(e) of the Unemployment Compensation Law on the ground that her unemployment was due to her discharge for willful misconduct connected with'her work. . ..
. . Claimant , had been einployed in the house-cleaning department of the John Wanamaker store in Phila.
Claimant in her signed statement admits that on various occasions over a period of months she participated in eating food which she knew had been stolen from her employer; that she knew she was doing wrong in partaking of that food. There is no evidence that she herself stole any of the food, yet the evidence clearly discloses that she was guilty of encouraging, aiding and abetting fellow-employees in perpetrating a continuing wrong against her employer. In the recent case of Detterer Unemployment Compensation Case, 168 Pa. Superior Ct. 291, 77 A. 2d 886, this Court had an opportunity to determine what constitutes willful misconduct as set forth in Section 402(e) of the Unemployment Compensation Law. This Court said: “American Jurisprudence defines ‘Misconduct Precluding Payment of Unemployment Insurance’ as follows: ‘Misconduct within the meaning of an unemployment compensation act excluding from its benefits an employee discharged for misconduct must be an act of wanton or wilful disregard of the employer’s interest, a deliberate violation of the employer’s rules, a disregard of standards of behavior which the employer has the right to expect of his employe, or negligence in such degree or recurrence as to manifest culpability, wrongful intent, or evil design, or show an intentional and substantial disregard of the employer’s interest or of the employee’s duties and obligations to the em
That claimant’s actions constituted misconduct is clear beyond peradventure. Where, as here, there is a continuing recurrence of such violations over a period of time, claimant’s actions clearly establish such a deliberate and willful intent to disregard the rights of the employer as to constitute willful misconduct within the meaning of Section 402(e) of the Unemployment Compensation Law.
The findings of the Board that claimant was guilty of willful misconduct connected with her work are amply supported by competent and credible evidence and are binding on us. Section 510 of Unemployment Compensation Law. The Board did not err in concluding that claimant was disqualified under Section 402(e).
Decision affirmed.