Trawick v. Commonwealth
Trawick v. Commonwealth
Opinion of the Court
Opinion by
This is the appeal of Nathan Trawick from a decision of the Unemployment Compensation Board of Review affirming a referee’s decision denying him benefits on the ground that he was discharged from employment for willful misconduct as provided by Section 402(e) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §802(e).
Trawick was employed by N.F.L. Films, Inc. as a film technician for approximately one year. He was discharged from his employment on October 22, 1976 by a written notice, citing as causes his continued lateness for and absence from work and his asserted want of a proper sense of responsibility. When he applied for unemployment compensation benefits, Trawick alleged that his discharge was founded in discrimination against him on account of his race,
Trawick first says that the Board’s finding that his discharge was due to an extensive record of absenteeism and tardiness is not supported by substantial evidence, because one of the employer’s exhibits, a summary of his attendance record prepared from the employer’s time cards, is misleading and inaccurate. We disagree. Initially, even if we were to disregard the evidence to which the appellant now objects, the record contains substantial evidence to support the Board’s findings. Trawick admitted the final instance of lateness that led to his discharge and further testified that he had been late on other
Trawick finally says that the Board erred in failing to make findings on the issue of racial discrimination. This argument flies in the face of the plain language of the Board’s decision.
The Board of Review wishes to note that, based upon the record before it, it believes that the claimant was discharged for his extensive record of absenteeism and tardiness and for no other reason. The Board also wishes to note that, based upon the record before it, it can not and does not conclude that the claimant has substantiated his allegations of racial discrimination and animosity with credible evidence. We find no credible testimony in the lengthy record before us that the claimant was discriminated against on a racial basis.
Order affirmed.
And Now, this 11th day of December, 1979, the decision of the Unemployment Compensation Board of Review is hereby affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.