Opinion

Love v. Commonwealth, Unemployment Compensation Board of Review

  • 62 Pa. Commw. 99
  • 434 A.2d 1336
  • 1981 Pa. Commw. LEXIS 1806
Court
Commonwealth Court of Pennsylvania
Filed
Sep 30, 1981
Status
Published
Author
Crumlish
On the bench
Blatt, Crumlish, Williams
Cited by
0 cases
Authority
More cited than 9.1%

The opinion

Opinion by

President Judge Crumlish,

The Pennsylvania Unemployment Compensation Board of Review affirmed the referee’s denial of benefits to Janet S. Love, finding willful misconduct under Section 402(e) of the Unemployment Compensation Law. 1 We affirm.

Love, a security guard, on June 7, 1979, was discharged for violation of employer rules prohibiting the setting aside of store merchandise for purchase in other than authorized store areas.

Although conflicting testimony was heard, the referee found, within his province, Thomas v. Unemployment Compensation Board of Review, 48 Pa. Commonwealth Ct. 630 , 410 A.2d 101 (1980), that there were company rules of which Love was not only aware, but as a security guard was under a duty to enforce; and that she violated the rules despite repeated warnings.

In the alternative, Love contends that she was not guilty of willful misconduct since the rule had not been strictly enforced. She asserts that this erratic enforcement gave her good cause for her non-compliance. We disagree.

It is not unreasonable to expect employees to comply with employer rules, especially when compliance is requested by repeated warnings. Prior tolerance does not justify repeated violations. Bullock v. Unemployment Compensation Board of Review, 43 Pa. Commonwealth Ct. 528 , 402 A.2d 734 (1979).

*101 Our scope of review is limited to whether the Board’s findings are supported by competent, substantial evidence. Remaly v. Unemployment Compensation Board of Review, 55 Pa. Commonwealth Ct. 555 , 423 A.2d 814 (1980). We find that they are.

The record and law support a finding of willful misconduct. Affirmed.

Date: September 30, 1981.

Order

The Unemployment Compensation Board of Review order, No. B-176894, dated October 22, 1979, is affirmed.

Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. ^802 (e).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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