Appeal from the Order of the Unemployment Compensation Board of Review, in case of In re: Claim of William Cummiskey, No. B-200150.
Cheryl A. Furey, for petitioner.
Richard F. Faux, Associate Counsel, with him Richard L. Cole, Jr., Chief Counsel, for respondent.
Judges Rogers, MacPhail and Barry, sitting as a panel of three. Opinion by Judge Rogers.
This is an employer's petition for review of an order of the Unemployment Compensation Board of Review affirming a referee's decision that an employee was entitled to unemployment compensation.
The employer contended that the employee, an equipment manager, was ineligible for compensation because he was discharged for willful misconduct, consisting of the violation of the owner's direction that the employee not become involved with the employee's brother's business of selling used equipment. The employer also sold used equipment.
The employee admitted performing a service for his brother in furtherance of a sale of a piece of equipment but testified that the thing sold was not an item sold by the employer and that he had received nothing on account of the transaction.
The referee found for the employee. The employer appealed the referee's decision to the board. The employer also wrote to the board as follows:
We are in receipt of the Referee's decision. . . . The employer disagrees. . . . We request a Board hearing to present additional testimony
and to allow appearance by additional employer representatives with firsthand knowledge of events leading to the claimant's separation.
As there are indictments pending with direct bearing on the final disposition of this claim, the employer is unable to furnish additional details at this time. The employer expects to be in a position to fully discuss the ...