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ISABELL Y. NEFF v. COMMONWEALTH PENNSYLVANIA (11/13/79)

decided: November 13, 1979.

ISABELL Y. NEFF, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Isabell Y. Neff, No. B-153556.

COUNSEL

Salli A. Swartz, with her Merle Ebert, for petitioner.

Michael Klein, Assistant Attorney General, with him Gerald Gornish, Attorney General, for respondent.

Judges Crumlish, Jr., Blatt and Craig, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 47 Pa. Commw. Page 297]

This is an appeal by Isabell Neff (claimant) from an order of the Unemployment Compensation Board of Review (Board), denying claimant benefits under Section 402(e) of the Unemployment Compensation Law (Law), Act of December 5, 1936, Second Ex. Sess., P.L. [1937] 2897, as amended, 43 P.S. § 802(e),

[ 47 Pa. Commw. Page 298]

    the section which mandates ineligibility where the job separation is due to willful misconduct.

Claimant was last employed as a barmaid at the Boulevard Cafe. Her last day of work was September 10, 1977.

Claimant applied to the Bureau of Employment Security for unemployment compensation benefits. The Bureau denied benefits, citing Sections 401(d) of the Law, 43 P.S. § 801(d) (claimant must be able and available for suitable work), and Section 402(e) of the Law, 43 P.S. § 802(e) (willful misconduct).

Claimant appealed the Bureau's determination, and had a hearing before a referee. Claimant was the only witness to appear.

The referee found that claimant had been "employed from 7 a.m. to 1 p.m.," six days a week, and that her employer wanted to change claimant's hours to 6 p.m. to 2 a.m. The referee further found that claimant indicated that she was unable to work the new hours, and that she "was desirous of being off work every other Saturday for the purpose of attending football games." The referee's fifth finding of fact was: "When the claimant was unable to work the hours and the days assigned to her by the employer she was terminated."

On the basis of those findings of fact, the referee ruled that claimant was discharged for willful misconduct in connection with her work, and therefore was ...


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