58 Pa. Commw. 120 | Pa. Commw. Ct. | 1981
Opinion by
In this unemployment compensation appeal, the claimant
The following chronology of events preceded February 5, 1979, which was the claimant’s last day of work for the employer.
The referee and board, resolving conflicting testimony, found that, at the February 5, 1979 meeting, the claimant refused to apologize to her coworkers as requested by her supervisor and voluntarily terminated her employment by leaving work.
. The claimant argues that she was discharged
Here the referee and the board, in the proper exercise of their discretion,
The supervisor’s request that claimant apologize may have been unreasonable under the circumstances, but there was evidence permitting the board to view it as only a request, not an order. If there were findings that the claimant had been ordered to apologize or be discharged, we could reach a different result. See Season All Industries, Inc. v. Unemployment Compensation Board of Review, 41 Pa. Commonwealth Ct. 269, 398 A.2d 1092 (1979). However, the board could, and did, disbelieve claimant’s contention that she was forced to make such a choice.
Accordingly, we affirm the decision of the board.
Order
And Now, March 27, 1981, the order of the Unemployment Compensation Board of Review is affirmed,
Edna Slayton.
Unemployment Compensation Board of Review.
Section 402(b)(1), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §802(b)(1).
Unitarian Universal Home.
In a voluntary quit case, under Section 402(b)(1), the claimant nevertheless has the burden of proving his eligibility, as one unemployed through no fault of his own, and if the claimant asserts that his leaving employment was not due to a voluntary termination, the burden of proving that point also lies with him. Bowman v. Unemployment Compensation Board of Review, 49 Pa. Commonwealth Ct. 170, 410 A.2d 422 (1980).
Where, as here, the party with the burden failed below, our scope of review is to determine whether there has been a capricious disregard of competent evidence. Clark v. Unemployment Compensation Board of Review, 49 Pa. Commonwealth Ct. 571, 411 A.2d 879 (1980).
The credibility of the witnesses and the weight to be given their evidence is a question for the referee and the board, and not for this reviewing court. Rudy v. Unemployment Compensation Board of Review, 48 Pa. Commonwealth Ct. 633, 410 A.2d 97 (1980).