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BARBARA K. VASQUEZ v. COMMONWEALTH PENNSYLVANIA (03/06/81)

decided: March 6, 1981.

BARBARA K. VASQUEZ, 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 Barbara K. Vasquez, No. B-169836.

COUNSEL

Michael Goldberg, for petitioner.

John T. Kupchinsky, Assistant Attorney General, with him Richard Wagner, Chief Counsel, and Harvey Bartle, III, Acting Attorney General, for respondent.

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

Author: Mencer

[ 57 Pa. Commw. Page 361]

Barbara K. Vasquez (claimant) appeals from an order of the Unemployment Compensation Board of Review (Board) which denied her benefits because of 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. § 802(e). We affirm.

The Board made the following findings of fact:

1. The claimant was last employed as a classroom aide by the School District of Lancaster for approximately one and one-half years at a final rate of $3.32 per hour, and her last day of work was June 7, 1978.

2. During the course of her employment, the claimant had a history of tardiness and absenteeism without reporting off.

3. The claimant was counseled and warned about her attendance problems and her failure to report off.

4. The claimant was tardy on May 17, 1978, and on May 24, 1978, she left her assigned work station at noon without reporting her absence to

[ 57 Pa. Commw. Page 362]

    or requesting permission from the ...


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