Henderson v. Commonwealth
Henderson v. Commonwealth
Opinion of the Court
Opinion,
Ronald Henderson (Claimant) appeals from a decision of the Unemployment Compensation Board of Review (Board) affirming a referee’s denial of unemployment compensation benefits to Claimant pursuant to Section 402(e) of the Pennsylvania Unemployment Compensation Law (Act).
Claimant had been employed by Allentown Sacred Heart Hospital as an orthopedic technician prior to his discharge for willful misconduct. On April 2,1977,
It is well established that an employee is ineligible for benefits under the Act when discharged for willful misconduct which is the wanton disregard of the employer’s interest, a deliberate violation of rules, a disregard of expected behavior standards or negligence manifesting culpability, wrongful intent, evil design or an intentional and substantial disregard for the employer’s interests or the employer’s duties and obligations. Schappe v. Unemployment Compensation Board of Review, 38 Pa. Commonwealth Ct. 249, 392 A.2d 353 (1978). In light of Claimant’s admission that he did take the ring without authorization from his employer and his subsequent denial of taking it, coupled with his failure to return the ring to either the hospital or the rightful owner(s), we are constrained to agree with the referee’s finding that these actions were detrimental to the best interests of employer and were in severe violation of acts of conduct the employer has the right to expect of his employees.
Order
And Now, this 10th day of April, 1979, the decision of the Unemployment Compensation Board of Review, No. B-150905, denying unemployment compensation benefits to Ronald Henderson is affirmed.
Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §802 (e).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.