Appeal from the Order of the Unemployment Compensation Board of Review in case of Pamela Ford, No. B-200000.
John Stember, for petitioner.
Richard F. Faux, Associate Counsel, with him, Richard L. Cole, Jr., Chief Counsel, for respondent.
Judges Williams, Doyle and Barry. President Judge Crumlish, Jr., Judges Rogers, Craig, MacPhail, Doyle, Barry and Palladino. Opinion by Judge Palladino. Judge Barry dissents.
[ 95 Pa. Commw. Page 104]
Pamela Ford (Claimant) appeals from a decision of the Unemployment Compensation Board of Review which reversed a referee's decision and denied her unemployment
[ 95 Pa. Commw. Page 105]
compensation benefits pursuant to Section 402(e) of the Unemployment Compensation Law (Law).*fn1 For the reasons set forth below, we affirm.
Claimant was employed as a bookkeeper for Alexander's Market (Employer) from March of 1981 to May 28, 1981. The Employer discharged Claimant for stealing money when a cash shortage of approximately $1,100.00 was discovered. The referee concluded that the Employer did not meet his burden of proving that Claimant was responsible for the money being missing. The record revealed that cash shortages occurred prior to Claimant's hiring, during days when Claimant was not at work, and during those times when the office safe and office were open and accessible to a large number of persons. The referee held that he could not conclude that Claimant's discharge was the result of willful misconduct connected with her work, and granted benefits.
The Board reversed and denied benefits, concluding that the evidence, although circumstantial, was sufficient to support a finding that Claimant misappropriated the Employer's cash.
In this appeal, Claimant argues that the evidence does not support the Board's conclusion that she was responsible for the money's disappearance. We must disagree. Although the majority of the evidence is circumstantial, we conclude that it is sufficient to justify the Employer's dismissal of Claimant for willful misconduct.
The Board found*fn2 that adding machine tapes, made by Claimant as part of her ...