25 Pa. Commw. 425 | Pa. Commw. Ct. | 1976
Opinion by
Appellant was employed as a housekeeper for approximately one year, until December 5, 1974. On her last day appellant was assigned to clean the Williams-port National Bank. ■ The vice president of the bank testified that because of prior evening thefts of bank property he was observing the bank building that evening, during which he observed appellant leaving the bank carrying what appeared to him to be a heavy object.' Later that evening it was' discovered that'
Appellant was discharged by her employer after he was advised by the bank vice president of his observations. Subsequently, appellant was charged with the theft of coins from the bank but was acquitted of these charges.
On .December 8, 1974, appellant applied for unemployment compensation benefits. The Bureau of Employment Security denied benefits. On appeal, after a hearing, the referee affirmed the Bureau’s determination. The Unemployment Compensation Board of Review remanded for an additional hearing, after which it affirmed the decision of the referee denying benefits.
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), provides :
“An employe shall be ineligible for compensation for any week—
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“(e) In which his unemployment is due to his discharge or temporary suspension from work for wilful misconduct connected with his work . . . .”
The Unemployment Compensation Board of Review found as fact: “5. The claimant improperly removed a heavy object from the bank and on December 5,1974, she was discharged by the employer.”
A worker properly discharged for theft is certainly guilty of wilful misconduct and, as such, ineligible for unemployment compensation benefits. Unemployment Compensation Board of Review v. Houp, 20 Pa. Commonwealth Ct. 111, 340 A.2d 588 (1975). The question presented for our review is whether the quoted finding is based on substantial evidence.
Accordingly, we will enter the following
Order
Now, July 8, 1976, the order of the Unemployment Compensation Board of Review, dated September 22, 1975, affirming the decision of the referee denying unemployment compensation benefits to Margaret J. Erb, is hereby affirmed.