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DEBRA SOMMERS v. COMMONWEALTH PENNSYLVANIA (01/23/81)

decided: January 23, 1981.

DEBRA SOMMERS, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Order of the Unemployment Compensation Board of Review in the case of In Re: Claim of Debra Sommers, No. B-170629.

COUNSEL

Richard L. Jacobs, for petitioner.

Steven R. Marcuse, Assistant Attorney General, with him, Richard Wagner, Chief Counsel, and Harvey Bartle, III, Acting Attorney General for respondent.

Judges Mencer, Craig and Palladino, sitting as a panel of three. Opinion by Judge Palladino.

Author: Palladino

[ 56 Pa. Commw. Page 276]

This is an appeal by Debra Sommers (claimant) from an order of the Unemployment Compensation Board of Review (Board), which reversed the referee and denied benefits to claimant pursuant to Section 402(e) of the Unemployment Compensation Law (Act), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. ยง 802(e) (willful misconduct). We affirm the Board.

Claimant was employed in the shoe department of Hills Department Store (Hills) for approximately one month prior to her discharge. On December 13, 1978, claimant was observed by her supervisor while wearing an unpurchased pair of boots belonging to Hills. An investigation ensued resulting in claimant's discharge for the unauthorized wearing of unpurchased merchandise.

The Board made the following pertinent findings of fact:

2. The employer's rules and regulations provided in part that employes were prohibited from unauthorized wearing of any unpurchased merchandise or unauthorized use of any stock merchandise, and that violation of this rule would usually result in disciplinary discharge.

3. The claimant was not aware of this rule prohibiting unauthorized wearing or use of company merchandise.

[ 56 Pa. Commw. Page 2774]

. On December 13, 1978, the claimant wore an unpurchased pair of boots while at work, which boots were obtained by her from the employer's shoe department.

5. When first confronted by store management concerning the boots, the claimant denied that the ...


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