58 Pa. Commw. 96 | Pa. Commw. Ct. | 1981
Opinion by
The claimant
The claimant was employed as a checker and marker in the receiving department of Penn Traffic Company, which had inaugurated a contest in which all store employees were urged to obtain new credit applications for the store. The record indicates that the employees were called together in groups of six or
The claimant received a total of $135 for her efforts: one dollar for each of the 110 applications she submitted, plus a $25 bonus. When questioned by the manager and credit manager of the store regarding signatures on the applications she solicited, however, the claimant at first said that all applicants had signed the applications personally. Upon being pressed further, she admitted that she had signed many of them herself, that she had given some to members of her family whom she “supposed” had signed them on behalf of others, and that at least two of the applicants were the children of relatives who had not been contacted by anyone prior to the submission of their applications. After going through all of her applications and sorting out the ones actually signed by the applicants, the claimant, at the direction of the manager and credit manager, who had observed her sorting of the applications, wrote and signed a statement indicating that she had signed the applicant’s name on 101 of the applications on the line marked “Customer Signature”. She was then dismissed from her employment because of the alleged misconduct.
The burden of proving willful misconduct which would justify dismissal and the denial of benefits is upon the employer, Glasser v. Unemployment Compensation Board of Review, 45 Pa. Commonwealth Ct.
As to whether or not what the claimant did was willful misconduct, that term’s “meaning has been judicially developed to encompass the wanton and willful disregard of an employer’s interest, a deliberate violation of rules, a disregard of expected behavior standards or negligence manifesting culpability,
The claimant argues that the evidence presented by the employer as to the invalidity of the signatures on the applications she claims to have secured is insufficient and/or unpersuasive. A careful review of the record, however, indicates that her own testimony was sufficient to show that she had signed many applications without the authority of the alleged applicants.
In Schooley v. Unemployment Compensation Board of Review, 43 Pa. Commonwealth Ct. 383, 402 A.2d 1109 (1979), this Court determined that while the claimant’s conduct in punching in the time cards of two fellow employees may have been no more than a friendly and considerate favor to her coworkers without harm or prejudice to her employer, it was willful misconduct in that it amounted to a disregard of behavior which an employer has a right to expect of an employee. The Court concluded that the claimant did realize or should have realized that exercising control over the time cards of others was not within her prerogatives as an employee and not in the employer’s interest. As to the case before us, it is a matter of common knowledge that one does not “sign” the signature of another and that such knowledge is not dependent on any special credit education and training. The claimant here must have or should have realized that signing the name of another on a line
Order
And, Now, this 26th day of March, 1981, the order of the Unemployment Compensation Board of Review in the above-captioned matter is affirmed.
This decision was reached prior to the expiration of the term of office of Judge Wilkinson, Jr.
Marie Parlavecchio.
Pennsylvania Unemployment Compensation Board of Review.
Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §802(e).