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SOILIS UNEMPLOYMENT COMPENSATION CASE. (06/15/60)

June 15, 1960

SOILIS UNEMPLOYMENT COMPENSATION CASE.


Appeal, No. 11, April T., 1960, by claimant, from decision of Unemployment Compensation Board of Review, No. B-53023, in re claim of Zampelia S. Soilis. Decision affirmed.

COUNSEL

Herman S. Harvey, Jr., for appellant.

Sydney Reuben, Assistant Attorney General, with him Anne X. Alpern, Attorney General, for Unemployment Compensation Board of Review, appellee.

Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, Watkins, and Montgomery, JJ.

Author: Montgomery

[ 192 Pa. Super. Page 637]

OPINION BY MONTGOMERY, J.

This is an appeal by claimant from the decision of the Unemployment Compensation Board of Review upholding the findings of the Bureau of Employment Security and the referee, which concluded that the appellant was ineligible to receive benefits under the provisions of ยง 402(e) of the Unemployment Compensation Law, Act of 1936, P.L. [1937] 2897 (43 P.S. 802(e)).

The appellant was last employed by Oswald Werner & Sons, Pittsburgh, Pennsylvania, as a counter girl from March 23 to April 11, 1959. When she was hired she was informed that she must work every weekday, including Saturday.

On April 3, 1959, appellant absented herself without reporting her absence or the cause thereof. She reported for work on April 6 and 7 but again absented herself on April 8. She reported this absence to her

[ 192 Pa. Super. Page 638]

    employer but gave no reason therefor. She absented herself again on April 9 and reported but failed to assign a reason. She was absent on April 10 but did not call the employer until late in the afternoon. She worked on April 11 and again absented herself from work on April 13, 14, and 15.

Section 402(e) of the Unemployment Compensation Law, provides, in part, that an employee shall be ineligible for compensation for any week:

"(e) in which his unemployment is due to his discharge or temporary suspension from work for willful misconduct connected with his work...." The Board based its conclusion that claimant was ineligible for compensation on the fact that she ...


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