77 Pa. Commw. 278 | Pa. Commw. Ct. | 1983
Opinion by
This is an appeal of an order of the Unemployment Compensation Board of Review (Board) which declared Teresa D. Wright (Claimant) ineligible to receive benefits because she was discharged from her employment for willful misconduct.
Claimant was employed by the American Medical Center as a housekeeper for approximately one and one-half years. Uncontroverted testimony at a hearing before a referee indicated that several weeks before Claimant’s termination, a fellow employee ac
Claimant asserts three errors of the Board in finding her ineligible for benefits. First she states that the conduct which resulted in her termination was deminimus and not willful misconduct. She also states that all the evidence in support of her termination for willful misconduct is hearsay, properly objected to and, as such, cannot be the sole basis for a finding of willful misconduct. Finally, Claimant states that employer’s use of the polygraph test was illegal and therefore inadmissible as evidence. Claimant’s assertion of Board error regarding the illegal use of the polygraph and hearsay evidence is more easily dismissed than the issue of willful misconduct and shall be dealt with first.
A finding of willful misconduct in an unemployment case cannot be based solely on hearsay evidence. Orloski v. Unemployment Compensation Board of Re
Claimant’s assertion of her employer’s violation of Section 7321 of the Crimes Code, 18 Pa. C. S. §7321 which prohibits employers from requiring employees to submit to polygraph examinations is likewise without merit. The employer turned the investigation of theft from other employees over to the police. They in turn administered the polygraph. The employer did not violate this statute. The employer, in addition, does not rely on the results of the polygraph, but rather on testimony of his representative who was present at a meeting where Claimant admitted the theft for which she was discharged.
With respect to Claimant’s assertion that her conduct was deminimus there are minor infractions which have been deemed not to constitute willful misconduct, e.g. O’Keefe v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, 18 Pa. Commonwealth Ct. 151, 333 A.2d 815 (1975) (claimant ate employer’s stale pastry); Coulter v. Unemployment Compensation Board of Review, 16 Pa. Common
The results of this case at the pursuit of the employer seem harsh to the opinion writing judge but where, as here, in an unemployment compensation case the party with the burden of proof prevails below, review by the Commonwealth Court is limited to a determination of whether an error of law was committed and whether the Board’s findings of fact are supported by substantial evidence. Hackney v. Unemployment Compensation Board of Review, 60 Pa. Commonwealth Ct. 625, 432 A.2d 317 (1981). Since there has been no error of law committed and the findings are supported by substantial evidence, we are compelled to affirm the order of the Board.
Now, September 23, 1983, tbe order of the Unemployment Compensation Board of Review dated August 14,1981 is hereby affirmed.