66 Pa. Commw. 506 | Pa. Commw. Ct. | 1982
Opinion by
Edward J. Wright, Jr. (Claimant) appeals a decision of the Unemployment Compensation Board of Review (Board) affirming the referee’s denial of benefits on the basis of willful misconduct. See Section 402(e) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937), as amended, 43 P.S. §802(e).
Claimant was last employed by The Bulletin Co.
A company rule mandated that monies collected by district managers be deposited as soon as possible after collection even if making mulitple bank deposits was necessary. Claimant contends he was unable to make these deposits because the bank was closed on Sunday and he didn’t have a key to the night depository. Claimant also stated he was never told “exactly what to do” concerning banking procedures. He alleges he was following the same procedure he always used and his Employer never corrected him before. The Employer contended contra, that Claimant had been given a night deposit key and, if for any reason he did not have one, he could readily have obtained an extra key from the bank. Employer also introduced evidence that Claimant was instructed on proper banking procedures.
Upon learning of the loss, Employer advised Claimant that he was required to replace the stolen money. The Claimant told the Employer he would try to borrow the money. He was instructed to call the Employer that same afternoon
During this interim period while Claimant was on vacation, specifically May 30, 1980, Claimant was asked by Employer to turn in his branch sheets and insurance files immediately. By letter on June 5,1980, Claimant was told again to return these items. Those files showed balances from and collections made by carriers under Claimant’s supervision and were very important to Employer’s on-going business. On this critical point, the testimony is in dispute. Claimant contended he did not have any of these files in his possession; however, it does appear from a note Claimant wrote to Employer that some of the files must have been in his possession for he said “I’ll be in this week to return the insurance files.” The Board
Claimant urges us in this appeal to find that he did not commit any acts of willful misconduct. The Board found that Claimant was terminated for neglect of Employer’s rules and instructions and hence ineligible on the basis of willful misconduct. We affirm.
As has been stated by this Court many times before, the issue of willful misconduct
The testimony concerning Employer’s reasons for terminating Claimant is not entirely clear from the record but there is substantial evidence to support the Board’s finding that Claimant was terminated for neglect of the Employer’s rules and instructions, specifically, the Claimant’s failure to turn in his branch sheets and insurance files as he had been instructed to do. In view of the importance of these items to Employer while someone else was performing Claimant’s duties, we hold that such conduct on the part of the Claimant constituted intentional and substantial disregard for the Employer’s interest as well as serious disregard of his responsibilities to Employer, and, therefore, was willful misconduct under our decision in Kentucky Fried Chicken of Altoona, Inc. v. Unemployment Compensation Board of Review, 10 Pa. Commonwealth Ct. 90, 309 A.2d 165 (1973). We have held that a single instance of dereliction of duty may constitute willful misconduct where such conduct is more than of a minor, casual or insignificant nature, and where there is a knowing violation of the Employer’s instructions. Selan v. Unemployment Compensation Board of Review, 52 Pa. Commonwealth Ct. 7, 415 A.2d 139 (1980), aff’d per curiam, 495 Pa. 338, 433
Order affirmed.
Order
And Now, this 19th day of May, 1982, the decision of the Unemployment Compensation Board of Review, numbered B-190593 and dated December 15, 1980, is hereby affirmed.
A Philadelphia daily newspaper in circulation at the time of this appeal.
The testimony is in conflict about the details as to how much time Claimant had to come up with the money and as to whether Claimant, ever called Employer. No finding was made by the referee or .the Board to resolve these conflicts.
The Board affirmed the referee’s decision without modification or supplementary opinion.
The burden of proving willful misconduct is on the employer. Gane v. Unemployment Compensation Board of Review, 41 Pa. Commonwealth Ct. 292, 293, 398 A.2d 1110, 1111 (1979). When the party bearing the burden of proof prevails before the Board, as the Employer did here, we must determine on appeal whether an error