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JOHN BUSH v. COMMONWEALTH PENNSYLVANIA (01/04/80)

decided: January 4, 1980.

JOHN BUSH, 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 John Bush, No. B-159868.

COUNSEL

Rosalia Goode Parker, for petitioner.

Charles G. Hasson, Assistant Attorney General, with him, Richard Wagner, Chief Counsel, Edward G. Biester, Jr., for respondent.

Judges Wilkinson, Jr., Mencer and Rogers, sitting as a panel of three. Opinion by Judge Wilkinson, Jr.

Author: Wilkinson

[ 48 Pa. Commw. Page 292]

This is an appeal from a decision of the Unemployment Compensation Board of Review disallowing the appeal filed by claimant from a decision of a referee that found claimant ineligible for unemployment compensation benefits as a result of his willful misconduct pursuant to 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. ยง 802(e). We affirm.

The referee made the following two crucial findings of fact:

3. Claimant used profanity on the job.

7. Claimant altered the employer's records without authority prior to quitting time.

It is clear from the referee's discussion that claimant's alteration of records and his use of profanity on the job constituted disqualifying willful misconduct.

The record reveals that the claimant, during his employment, had received warnings regarding his work performance including using profanity on the job. Claimant admittedly used profanity on the job. On January 16, 1978 claimant altered the employer's records without authority. Claimant also admits to this act. Claimant's conduct was a disregard of the standards of behavior which the employer has the right to expect of an employee. . . .

Unprovoked abusive or offensive language may constitute willful misconduct. See e.g., Gallagher v. Unemployment Compensation Board of Review, 42 Pa. ...


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