19 Pa. Commw. 592 | Pa. Commw. Ct. | 1975
Opinion by
Anne M. Rice (claimant) appeals from a decision of the Unemployment Compensation Board of Review (Board), which affirmed a referee who denied her benefits under 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). This section disqualifies from benefits those whose unemployment is due to discharge for willful misconduct.
The claimant was employed by the Bell Telephone Company (employer) as a general clerk and teller, and her responsibilities included collecting cash payments from customers who were paying their telephone bills. At the end of the day she was to balance her accounts by reconciling the cash with the receipts. If any overages or shortages existed, the rules of the employer prescribed
The Board affirmed the referee’s determination that the claimant’s activities which brought about her discharge amounted to willful misconduct. The claimant takes issue with this conclusion, but we must agree with the Board and the referee.
Our review is, of course, limited to questions of law and, in the absence of fraud, to a determination of whether or not the findings of the Board are supported by the evidence, leaving to the Board questions of credibility and giving to the party prevailing below the benefit of all reasonable and logical inferences. Dingel v. Unemployment Compensation Board of Review, 14 Pa. Commonwealth Ct. 484, 322 A.2d 731 (1974).
We have consistently held that a deliberate violation of the employer’s rules falls within the meaning of willful misconduct. DiAmico v. Unemployment Compensation Board of Review, 10 Pa. Commonwealth Ct. 286, 310 A.2d 433 (1973). The existence of this employer’s rule regard
We, therefore, issue the following
Order
Now, June 10, 1975, the order of the Unemployment Compensation Board of Review is affirmed and the claimant is denied benefits.