Harshman v. Commonwealth, Unemployment Compensation Board of Review
Harshman v. Commonwealth, Unemployment Compensation Board of Review
Opinion of the Court
Opinion by
The petitioner, Robert Harshman, appeals the decision of the Unemployment Compensation Board of Review (Board) denying him benefits on the grounds that he was discharged for willful misconduct and so was ineligible for benefits pursuant to 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).
On December 1, 1978, his last day of employment for the Reserve Petroleum Company, the petitioner was scheduled to work at his employer’s plant from 12:00 midnight to 8:00 a.m. during which time he would be the only employee on the premises. At midnight on December 1, 1978, however, he was in a bar located close to the employer’s plant and at that time
Our scope of review in a case where the Board has held that the employer has met its burden of proving an employer’s behavior constituted willful misconduct is to determine whether or not there is substantial evidence to support the Board’s findings of fact and that no error of law was committed. Roach v. Unemployment Compensation Board of Review, 31 Pa. Commonwealth Ct. 424, 376 A.2d 314 (1977). “Willful misconduct” has been defined by this Court as wanton or willful disregard of the standards of behavior the employer has a right to expect of his employees, or negligence which manifests culpability, wrongful intent, or evil design which shows an intentional and substantial disregard of the employer’s interest or the employee’s duties and obligations to the employer, Markley v. Unemployment Compensation Board of Review, 47 Pa. Commonwealth Ct. 148, 407 A.2d 144 (1979), and we must affirm the Board’s decision that the petitioner’s conduct manifested a clear disregard for the employer’s interests. The petitioner’s argument that he would have had to ar
Order
And Now, this 23rd day of February, 1981, the order of the Unemployment Compensation Board of Review in the above-captioned matter is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.