Morris Animal Refuge v. Commonwealth
Morris Animal Refuge v. Commonwealth
Opinion of the Court
Opinion by
Morris Animal Refuge appeals a determination by the Unemployment Compensation Board of Review (Board) granting benefits to James Dye. Previously a referee had reversed a determination of the Bureau of Employment Security
Dye was employed as a supervisor of three employees and was responsible for the proper care of animals and maintenance of the refuge facility. Inspections of the refuge revealed inadequate and improper treatment of animals, i.e., failure to provide water for the animals and to maintain sanitary cages as well as lack of proper documentation of animals’ treatment records. Accordingly, on April 1,1978, Dye was placed on probation for one month during which
The issue confronting us is whether under these facts the employer was justified in discharging Dye for willful misconduct.
Since the employer had the burden of proving willful misconduct and did not prevail before the Board, our scope of review is limited to a determination of whether the Board’s findings of fact can be sustained without a capricious disregard of competent evidence. Houff Transfer, Inc. v. Unemployment Compensation Board of Review, 40 Pa. Commonwealth Ct. 238, 397 A.2d 42 (1979).
The Board’s award of benefits is based on the referee’s finding that claimant was never issued any written warnings and was never suspended for violating employer’s policy. However, that a claimant has never been warned of illegal misconduct has no bearing on his eligibility for benefits. See our recent holding that an advance warning is not a prerequisite to a discharge for willful misconduct, Hartley v. Unemployment Compensation Board of Review, 40 Pa. Commonwealth Ct. 371, 397 A.2d 477 (1979). While the record does not show a written warning, it does reveal that he was probationed and demoted after many oral warnings of misconduct, including inadequate treatment of the animals. He was also warned of his failure to put in a full 40-hour week because of unexcused lateness, and that future tardiness and early departures would not be tolerated.
"We conclude that Dye’s past work record and job performance evidence an intentional and substantial disregard of the employer’s interest and the standards of behavior the employer rightfully expected of him and that his conduct thus constituted “willful misconduct” warranting a denial of unemployment compensation benefits.
Accordingly, we
Order
And Now, this 1st day of May, 1980, the order of the Unemployment Compensation Board of Review dated November 6, 1978, granting benefits to James Dye is reversed.
Now the Office of Employment Security.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.