Appeal from the Order of the Unemployment Compensation Board of Review in the case of In Re: Claim of Joanne J. Watson, No. B-192343.
Jeremy T. Ross, with him Neil E. Jokelson, Jokelson & Rosen, P.C., for petitioner.
John Kupchinsky, Associate Counsel, with him Richard L. Lengler, Law Student Intern, Michael Klein, and Richard L. Cole, Jr., Chief Counsel, for respondent.
President Judge Crumlish, Jr. and Judges Blatt and Doyle, sitting as a panel of three. Opinion by Judge Doyle. Judge Mencer did not participate in the decision in this case.
[ 68 Pa. Commw. Page 204]
Joanne J. Watson (Claimant) appeals here from an order of the Unemployment Compensation Board of Review (Board) affirming a referee's decision denying benefits to Claimant pursuant to Section 402(e) of the Unemployment Compensation Law (Law), Act of December
[ 68 Pa. Commw. Page 2055]
, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. § 802(e), the willful misconduct provision. We affirm.
Claimant was last employed as a pension plan administrator for Retirement Plans of America (Employer), a position she held from September 25, 1980 until November 10, 1980. Before the referee, Joann LaVerghetta, a vice-president for Employer, testified that Claimant had been dismissed from this job because of poor work performance and because she had threatened to do violence to her director, Steven Singer. Claimant, for her part, testified that her poor work performance was attributable to the fact that she was not told how to do her job, and denied ever threatening Mr. Singer. After evaluating this conflicting evidence, the referee made the following pertinent findings of fact:
2. During the course of her employment, claimant became hostile to the criticisms of the Director.
3. In a meeting with the Vice-President on November 7, 1980, claimant threatened to do violence to the Director, and added she "wasn't kidding."
4. Claimant was terminated from this employment for unsatisfactory work and for threats of violence.
The referee then concluded from these findings that Claimant's actions fell below the standards of behavior which her employer would rightfully expect, and that she was therefore disqualified from receiving benefits by Section 402(e). The Board ...