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ELLA RICHARDSON v. COMMONWEALTH PENNSYLVANIA (04/01/81)

decided: April 1, 1981.

ELLA RICHARDSON, 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 Ella Richardson, No. B-174080.

COUNSEL

Andrew F. Erba, for petitioner.

Francine Ostrovsky, Assistant Attorney General, with her Richard Wagner, Chief Counsel, and LeRoy S. Zimmerman, Attorney General, for respondent.

Judges Mencer, Rogers and MacPhail, sitting as a panel of three. Opinion by Judge Rogers. This decision was reached prior to the expiration of the term of office of Judge Wilkinson.

Author: Rogers

[ 58 Pa. Commw. Page 161]

Ella Richardson appeals from an order of the Unemployment Compensation Board of Review (Board) denying unemployment benefits on the grounds that her discharge from employment as a keypunch machine supervisor with American Acceptance Corporation (employer) was the result of her willful misconduct within the meaning of Section 402(e) of the Unemployment Compensation Law.*fn1

Two evidentiary hearings were held before a referee at which the claimant, her husband, and several representatives of the employer testified. It is undisputed that on Monday, March 12, 1979, claimant approached her superior, Mr. Rowan, and requested permission to be absent from work on Thursday and Friday of that week in order to celebrate her wedding anniversary. When asked about his response to claimant's request, Mr. Rowan testified

A: She was denied permission to take the whole day off on Thursday and we were to talk over the work situation on Thursday to determine whether or not she would have the opportunity to take off Friday.

[ 58 Pa. Commw. Page 162]

Q: Did she agree with this?

A: She agreed with this.

Claimant testified that she believed she had been given permission to be absent from work on Thursday and Friday. In any event, claimant came to work Thursday morning in order to assign pending projects to other employees in the keypunch department. She did not at that time speak with Mr. Rowan although he was available and at ...


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