59 Pa. Commw. 174 | Pa. Commw. Ct. | 1981
Opinion by
Deborah A. Simmons (claimant) appeals from an Order of the Unemployment Compensation Board of Review (Board) which denied her eligibility for benefits. The Board’s Order affirmed a referee’s decision that the claimant was discharged from her employment due to willful misconduct, which renders her ineligible under Section 402(e) of the Unemployment Compensation Law (Law).
Claimant was last employed by First Pennsylvania Bank (employer) as an assistant manager at the Bank’s branch known as Three Two Center (Center). During her tenure at Center, friction developed between the claimant and her immediate supervisors because of criticism of the claimant’s job performance by the manager of Center. In June, 1979, the claimant received an unsatisfactory performance rating from the manager; she appealed this rating to the president of Center, who upheld the manager’s evaluation. After meeting with the president on this matter, the claimant, who suffers from ulcerative colitis, left work and became ill. She returned to work after a period of hospitalization.
During the meeting, the claimant, expressed her opinion that she had been treated unfairly and stated that she was tired of such treatment. The claimant then left the meeting at approximately 11:00 a.m.
The claimant returned to her home and. continued her attempts to contact higher management. She eventually contacted the superior of Center’s president, who assured the claimant that he would look into the matter. Later that afternoon, at approximately 5:00 p.m., the president called the claimant at home and informed her that the employer considered her leaving work prior to the end of the work day without permission to be an act of resignation; and that her termination was effective immediately. Subsequently, the claimant attempted to recover her job through the personnel department, but was unsuccessful.
In December, 1979, claimant applied for unemployment compensation benefits. The Office of Employ
The referee found below that the claimant left work early without her employer’s permission. This Court has consistently held that such conduct, unless motivated by good cause, constitutes willful misconduct.
The Unemployment Compensation Board of Review is the ultimate fact finder and, as such, is required to resolve conflicting evidence and weigh the credibility of witnesses; its findings, if supported by substantial evidence, are binding on this Court. Mt. Lebanon School District v. Unemployment Compensation Board of Review, 48 Pa. Commonwealth Ct. 539, 409 A.2d 1205 (1980); Sweigart v. Unemployment Compensation Board of Review, 47 Pa. Commonwealth Ct. 421, 408 A.2d 561 (1979). The claimant contends that the record evidence fails to support the referee’s findings. Our review of the record before us
Therefore, the Order of the Unemployment Compensation Board of Review is affirmed.
Order
And Now, the 6th day of May, 1981, the Order of the Unemployment Compensation Board of Review, at Decision No. B-182042, is affirmed.
Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §802(e).
Tbe referee found as a fact that the claimant became upset at the meeting and walked out, stating: “I do not have to take this; you will hear from me later.” (Finding of Fact No. 4.)
Formerly the Bureau of Employment Security, that office is now designated the Office of Employment Security (OES).
43 P.S. §802(b) (1).
See Jackamonis v. Unemployment Compensation Board of Review, 47 Pa. Commonwealth Ct. 571, 408 A.2d 581 (1979); Dolan v. Unemployment Compensation Board of Review, 33 Pa. Commonwealth Ct. 316, 381 A.2d 1323 (1978); Barnett v. Unemployment Compensation Board of Review, 29 Pa. Commonwealth Ct. 581, 372 A.2d 48 (1977).