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LILLIE M. WILLIAMS v. COMMONWEALTH PENNSYLVANIA (08/30/82)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: August 30, 1982.

LILLIE M. WILLIAMS, 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 Lillie Williams, No. B-192949-B.

COUNSEL

Elaine B. Battle, for petitioner.

William J. Kennedy, Associate Counsel, with him Richard L. Cole, Jr., Chief Counsel, for respondent.

Judges Rogers, Craig and MacPhail, sitting as a panel of three. Memorandum Opinion by Judge Rogers.

Author: Rogers

[ 68 Pa. Commw. Page 519]

The appellant, an unemployment compensation claimant, was employed as a salesperson by a retail merchant. Two salespersons worked at each of the employer's checkout counters, one at the cash register totaling up purchases, operating the register and receiving money, the other bagging purchases and stapling register receipts to the bags. On an occasion when the claimant was acting as bagger, a security official observed the person at the claimant's register ringing $1 for a $49 purchase and the claimant failing to staple the receipt on the bag. Both salespersons were immediately confronted, the salesperson on the register later prosecuted and both discharged. The $1 receipt for the $49 purchase and five other receipts were found in a waste bag at the counter.

The claimant conceded that by employer rule and instruction the bagger's duties included that of obtaining the receipt and stapling it to the bag. The claimant said that she just forgot this chore on the occasion witnessed by the security officer and that she should not have been denied unemployment benefits for this single "unintentional" failure.*fn1 The difficulty with this argument is that the fact finders inferred from all of the evidence that the claimant's lapse from duty was not unintentional but deliberate. Her contention that the evidence was insufficient to support that finding is simply unavailing on this record;

[ 68 Pa. Commw. Page 520]

    and, of course, a single act of misconduct may constitute willful misconduct. Food Fair Stores, Inc. v. Unemployment Compensation Board of Review, 11 Pa. Commonwealth Ct. 535, 314 A.2d 528 (1974).

Frazier v. Unemployment Compensation Board of Review, 49 Pa. Commonwealth Ct. 474, 411 A.2d 580 (1980) is not to the contrary. There the claimant, a store manager, was discharged because a bag containing money was stolen from his store, from which and we concluded that, there being no evidence that the claimant was culpable of intentional or deliberate disregard of his duties, he could not be guilty of willful misconduct. More pertinent is Doyle v. Unemployment Compensation Board of Review, 57 Pa. Commonwealth Ct. 494, 426 A.2d 756 (1981) where we affirmed an order denying benefits to a cashier who failed to ring up her sales and whose excuse of illness was not believed, just as the claimant's excuse of forgetfulness was found to be incredible in this case.

Order affirmed.

Order

And Now, this 30th day of August, 1982, the order of the Unemployment Compensation Board of Review is affirmed.

Disposition

Affirmed.


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