Everette v. Commonwealth
Everette v. Commonwealth
Opinion of the Court
Opinion by
Jeannette Everette has appealed from an order of the Unemployment Compensation Board of Review affirming a referee’s determination that she was ineligible for unemployment compensation benefits because her unemployment was the result of willful misconduct and that she was liable for a non-fault overpayment in the amount of $704. 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).
Ms. Everette was employed by the John Wanamaker Department Store for nine years. Her last position with Wanamakers was a,s a junior assistant buyer in the women’s handbag department from which she was discharged in July 1977.
The referee and the Board found:
2. During the course of her employment, the claimant consistently took home handbags for herself and thus kept them out for a period and then returned them.
3. On May 12, 1977, the claimant received a letter from her employer regarding her excessive returns and telling her that she could not return anything without someone else’s approval.
Ms. Everette contends on this appeal that these findings of fact are not supported by substantial evidence. She says that there is no evidence to support the finding that she took the handbags out for herself. We agree. Ms. Everette also contends that the only
We are left only with a finding that Ms. Everette was told that her returns must be approved by others. Ms. Everette testified that she always complied, with this requirement. Hence there is no competent evidence of willful misconduct in the. record.
Order reversed.
Order
And Now, this 13th day of May, 1980, the order of the Unemployment Compensation Board of Review denying Jeannette Everette unemployment compensation benefits and finding her liable for a non-fault overpayment of $704 is reversed and the record is remanded to the Board for a computation of benefits.
Reference
- Full Case Name
- Jeannette Everette v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review
- Cited By
- 2 cases
- Status
- Published