Opinion

Gonsalves v. Commonwealth, Unemployment Compensation Board of Review

  • 71 Pa. Commw. 352
  • 454 A.2d 689
  • 1983 Pa. Commw. LEXIS 1246
Court
Commonwealth Court of Pennsylvania
Filed
Jan 24, 1983
Status
Published
Author
Blatt
On the bench
Blatt, Craig, Williams
Cited by
1 cases
Authority
More cited than 50.9%

The opinion

Opinion by

Judge Blatt,

Tana M. Gronsalv.es (.claimant) appeals an order of the Unemployment Compensation Board of Review (Board) which denied her benefits because of her discharge f,or willful misconduct. 1 Specifically, the Board concluded that the claimant had been discharged by her employer for insubordination. 2

An employer bears the burden of establishing an employee’s willful misconduct. Zuraw v. Unemployment Compensation Board of Review, 61 Pa. Commonwealth Ct. 548 , 434 A.2d 1312 (1981). And where, as here, the party with .this burden has prevailed below, our .scope of review is limited to a determination of whether or not necessary findings of fact were unsupported by .substantial evidence or an error of law was committed. Id.

Before us, the claimant argues that her conduct did not constitute willful misconduct and should be ignored for purposes of determining her eligibility for benefits because her employer harassed her. Our careful review of the record reveals substantial evidence *354 which would support the Board’s findings that the claimant was insubordinate, which as we have recognized, clearly constitutes willful misconduct. Nesmith v. Unemployment Compensation Board of Review, 43 Pa. Commonwealth Ct. 579 , 402 A.2d 1132 (1979).

Concerning the claimant’s contention that she had good cause for her actions because her employer had allegedly harassed her, we believe that the Board did not capriciously disregard 3 competent evidence in the record in finding that she was in fact not harassed by her employer. And it is for the Board, not .this Court, to determine questions of credibility and to resolve conflicts in the evidence. Stalc v. Unemployment Compensation Board of Review, 13 Pa. Commonwealth Ct. 131 , 318 A.2d 398 (1974).

We will, therefore, affirm the Board’s order.

Order

And Now, this 24th day of January, 1983, the order of the Unemployment Compensation Board of Review in the above-captioned matter is affirmed.

'Section 402(e) of the Unemployment Compensation Law, Act of December 5, 1936, Second. Ex. Sess., (1937) 2897, as amended, 43 P.S. §802 (e).

The Board found that on January 22, 1980, the claimant’s supervisor approached her concerning a work assignment deadline of 2:15 p.m., that the claimant became angry, screamed “get off my back,” resisted her supervisor’s attempt to counsel her, warned him to get away from her desk, refused to work until he departed, accused him of harassing her, and later in the day slammed papers down on the supervisor’s desk.

Gwin v. Unemployment Compensation Board of Review, 58 Pa. Commonwealth Ct. 69 , 427 A.2d 295 (1981) (burden on claimant to demonstrate good cause for his or her actions).

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.