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ROBERT E. SEDOR v. COMMONWEALTH PENNSYLVANIA (03/06/87)

decided: March 6, 1987.

ROBERT E. SEDOR, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Order of the Unemployment Compensation Board of Review in the case of In Re: Claim of Robert E. Sedor, No. B-238939.

COUNSEL

Lorraine M. Bittner, with her, Carol S. Mills McCarthy, for petitioner.

James K. Bradley, Associate Counsel, with him, Paul E. Baker, Acting Deputy Chief Counsel, for respondent.

Judges Craig and Palladino, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 104 Pa. Commw. Page 380]

Claimant Robert Sedor appeals an order of the Unemployment Compensation Board of Review which affirmed

[ 104 Pa. Commw. Page 381]

    a referee's decision denying benefits to the claimant because of his willful misconduct under section 402(e) of the Unemployment Compensation Law.*fn1

The claimant, employed by Perq Systems as a personal computer inspector, was discharged from his employment for failing to report to work or to report off work for six days, beginning on November 26, 1984 and continuing through December 4, 1984.

The company's employee handbook provides:

The following are examples of employee actions which are unacceptable and will subject employees to corrective action;

Failure to notify the Company or provide an acceptable reason for absence of three consecutive days.

In this appeal, the claimant disputes that his actions constituted willful misconduct, contending that the employer failed to follow its established "corrective action" procedure, which the employee handbook describes as "of a progressive nature," and provides for a "verbal" (oral) warning and a ...


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