71 Pa. Commw. 569 | Pa. Commw. Ct. | 1983
Opinion by
This is an appeal by Michael L. Stauffer (Claimant) from a decision and order of the Unemployment Compensation Board of Review (Board) affirming a referee’s denial of unemployment compensation benefits. The Board’s denial was pursuant to Section 402(e) of the Unemployment Compensation Law, (Law)
Claimant was employed as a forklift operator by Nissin Foods (Employer); He normally worked the first shift although in August, 1980, he spent several weeks on the second shift as a substitute for another employee. In September, 1980, Claimant was one of two employees requested to work the second shift because of Employer’s need for someone with Claimant’s skills on that shift and the need to create vacancies on the first shift so as to enable Employer to train other
The burden of establishing that an employee was discharged for “willful misconduct” such that will render him ineligible for unemployment compensation is on the employer. Bignell v. Unemployment Compensation Board of Review, 61 Pa. Commonwealth Ct. 568, 434 A.2d 869 (1981). Whether certain conduct constitutes “willful misconduct” under the Law is a question of law subject to this Court’s review. Nolan v. Unemployment Compensation Board of Review, 57 Pa. Commonwealth Ct. 186, 425 A.2d 1203 (1981). An employee’s conduct will not be deemed to be disqualifying “willful misconduct” if there was good cause for his actions. Frumento v. Unemployment Compensation Board of Review, 466 Pa. 81, 351 A.2d 631 (1976).
Before this Court, Claimant asserts that the Board’s decision was in error as a matter of law because it was based on a finding that Claimant had been told his assignment to the second shift would be temporary and that there was no substantial evidence to support such ,a finding. We disagree. Ample testimony was presented to establish that Claimant was told that his assignment, while indeterminate in
Order
Now, February 4, 1983, the decision of the Unemployment Compensation Board of Review in the above captioned matter, No. B-195588, dated May 28, 1981, is hereby affirmed.
Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §802 (e).