Appeal from the Order of the Unemployment Compensation Board of Review in the case of In Re: Claim of Robert F. Perotti, No. B-214353.
Donald R. Shroyer, for petitioner.
Richard F. Faux, Associate Counsel, with him, Richard L. Cole, Jr., Chief Counsel, for respondent.
Judges Craig, Barry and Palladino, sitting as a panel of three. Opinion by Judge Palladino.
[ 82 Pa. Commw. Page 552]
Robert F. Perotti (Claimant) appeals an order of the Unemployment Compensation Board of Review (Board) reversing a decision of the referee and declaring Claimant ineligible for unemployment compensation because he was discharged from work for willful misconduct pursuant to Section 402(e) of the Unemployment Compensation Law.*fn1 We reverse.
Claimant was employed by Jernigans Tobacco Village as a store manager from 1980 until he was discharged
[ 82 Pa. Commw. Page 553]
on September 12, 1982, for failing to lock the door at the end of the business day.
After a hearing, the referee made the following relevant findings of fact:*fn2
2. The Claimant inadvertently failed to lock the front door on September 12, 1982, and the owner was notified by security personnel at the mall, that the door was left unlocked.
3. The door was left unlocked on several occasions, but the owner was unable to determine how many times the Claimant was responsible for the doors being left unlocked since another employee ...