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Perdue v. Unempl. Comp. Bd. of Review

Commonwealth Court of Pennsylvania
Feb 25, 1977
28 Pa. Commw. 641 (Pa. Cmmw. Ct. 1977)

Summary

In Perdue v. Unemployment Compensation Board of Review, 28 Pa. Commw. 641, 369 A.2d 1334 (1977), the claimant was employed as a construction inspector and was found guilty of retail theft while off duty. Under such circumstances, this court held that the claimant's conviction reflected upon his ability to perform his duties as a construction worker.

Summary of this case from Robinson v. Commonwealth

Opinion

Argued October 28, 1976

February 25, 1977.

Unemployment compensation — Ineligibility for benefits — Unemployment Compensation Law, Act 1936, December 5, P.L. 736 — Legislative purpose — Conviction of crime of moral turpitude.

1. Policy statements in the Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897, establishing a legislative purpose to provide benefits for persons unemployed through no fault of their own, have substantive effect and application and provide a basis for denying benefits to an employe dismissed when his conviction of a crime of moral turpitude reflected upon his ability to perform his required duties. [643-4]

Argued October 28, 1976, before Judges WILKINSON, JR., ROGERS and BLATT, sitting as a panel of three.

Appeal, No. 133 C.D. 1976, from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of James T. Perdue, No. B-125285-C.

Application to the Bureau of Employment Security for unemployment compensation benefits. Application denied. Applicant appealed to the Unemployment Compensation Board of Review. Benefits denied. Applicant appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.

William Taggart, for appellant.

Daniel R. Schuckers, Assistant Attorney General, with him Sydney Reuben, Assistant Attorney General, and Robert P. Kane, Attorney General, for appellee.


James T. Perdue (claimant) appeals from a decision of the Unemployment Compensation Board of Review (Board) which denied him unemployment benefits on the basis that he became unemployed through his own fault.

The claimant had been employed by the General State Authority as a construction inspector for approximately four years when he was indefinitely suspended on October 16, 1974 as a result of a charge brought against him by a retail store for attempted theft by deception. Although this charge was subsequently dropped, Perdue was later found guilty of the lesser offense of retail theft, and was fined $150 by a District Justice. He took no appeal from this conviction which was entered on November 6, 1974, and, at the request of his employer, he resigned from his position effective November 22, 1974.

The Bureau of Employment Security denied Perdue's petition for benefits after determining that his unemployment was due to "willful misconduct connected with his work," and that, as a result, benefits were prohibited by Section 402(e) of the Unemployment Compensation Law (Law). A referee affirmed the denial, but concluded that the claimant was barred from benefits by Section 3 of the Law, 43 P. S. § 752, which provides that unemployment compensation is designed to benefit "persons unemployed through no fault of their own." On appeal to the Board, benefits were first denied under Section 3 as well as under Section 402(b)(1) of the Law, 43 P. S. § 802(b)(1), which provides that a claimant is ineligible for compensation if he voluntarily leaves work, but as a result of a rehearing, the Board issued a second order affirming the referee solely on the basis of the declaration of public policy found in Section 3. The claimant appeals to this Court contending that the Board erred as a matter of law because his conduct was "not serious enough" to warrant a denial of benefits.

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

Section 3 of the Law provides:

Economic insecurity due to unemployment is a serious menace to the health, morals, and welfare of the people of the Commonwealth. Involuntary unemployment and its resulting burden of indigency falls with crushing force upon the unemployed worker, and ultimately upon the Commonwealth and its political subdivisions in the form of poor relief assistance. Security against unemployment and the spread of indigency can best be provided by the systematic setting aside of financial reserves to be used as compensation for loss of wages by employes during periods when they become unemployed through no fault of their own. The principle of the accumulation of financial reserves, the sharing of risks, and the payment of compensation with respect to unemployment meets the need of protection against the hazards of unemployment and indigency. The Legislature, therefore, declares that in its considered judgment the public good and the general welfare of the citizens of this Commonwealth require the exercise of the police powers of the Commonwealth in the enactment of this act for the compulsory setting aside of unemployment reserves to be used for the benefit of persons unemployed through no fault of their own. (Emphasis added.)

This section has been held to have a substantive effect and application, apart from the specific grounds for ineligibility found in Section 402 of the Law. Unemployment Compensation Board of Review v. Derk, 24 Pa. Commw. 54, 353 A.2d 915 (1976); Unemployment Compensation Board of Review v. Ostrander, 21 Pa. Commw. 583, 347 A.2d 351 (1975); Unemployment Compensation Board of Review v. Budzanoski, 21 Pa. Commw. 535, 346 A.2d 864 (1975); Department of Labor and Industry v. Unemployment Compensation Board of Review, 148 Pa. Super. 246, 24 A.2d 667 (1942).

As we held in Unemployment Compensation Board of Review v. Derk, supra, an employer whose action of dismissal is sustained under Section 3 of the Law must show that the claimant's conduct which resulted in arrest or conviction was inimical to acceptable standards of behavior and directly reflected upon his ability to perform his assigned duties. We believe that the claimant's conviction of a crime of moral turpitude such as theft directly reflects upon his ability to perform the duties required of a construction inspector who is unquestionably in a position of trust. We agree, therefore, with the Board that the conviction here was of a sufficiently serious nature to support the conclusion that the claimant is unemployed through his own fault.

The claimant's own testimony indicates that he feels the conviction would affect his job performance:

It was a pretty embarrassing situation for one and then working out there in the field with the same guys and (inaudible) on that, it was just — would make things really difficult for me. I mean not only the embarrassment but just everything else because I mean like we work with pretty reputable people and a lot of money. I mean not cash money but I mean figures, preparing millions of dollars worth of estimates and that sort of thing and I — it would be like a cloud over my head and I just didn't want that.

Unemployment compensation benefits were properly denied to this claimant and we, therefore, affirm the Board's order.

ORDER

AND NOW, this 25th day of February, 1977, the order of the Unemployment Compensation Board of Review is hereby affirmed.


Summaries of

Perdue v. Unempl. Comp. Bd. of Review

Commonwealth Court of Pennsylvania
Feb 25, 1977
28 Pa. Commw. 641 (Pa. Cmmw. Ct. 1977)

In Perdue v. Unemployment Compensation Board of Review, 28 Pa. Commw. 641, 369 A.2d 1334 (1977), the claimant was employed as a construction inspector and was found guilty of retail theft while off duty. Under such circumstances, this court held that the claimant's conviction reflected upon his ability to perform his duties as a construction worker.

Summary of this case from Robinson v. Commonwealth

In Perdue, the claimant was employed by the Commonwealth as a construction inspector. He was convicted of retail theft and left his job. He initially applied to the Bureau of Employment Security for benefits, which found him ineligible for benefits under Section 402(e).

Summary of this case from Robinson v. Commonwealth

In Perdue v. Unemployment Compensation Board of Review, 28 Pa. Commw. 641, 369 A.2d 1334 (1977), where a conviction was the basis which prompted the resignation, we found no need to go behind the conviction to retry the question of culpability.

Summary of this case from Gould v. Commonwealth

In Perdue, supra, we held that benefits were properly denied under Section 3 where a claimant's conduct, which resulted in his conviction, was inimical to acceptable standards of behavior and directly reflected upon his ability to perform his assigned duties.

Summary of this case from Adams v. Unempl. Comp. Bd. of Review
Case details for

Perdue v. Unempl. Comp. Bd. of Review

Case Details

Full title:James T. Perdue v. Unemployment Compensation Board of Review of the…

Court:Commonwealth Court of Pennsylvania

Date published: Feb 25, 1977

Citations

28 Pa. Commw. 641 (Pa. Cmmw. Ct. 1977)

Citing Cases

Robinson v. Commonwealth

Id. at 5556, 353 A.2d at 916-917 (emphasis added). Another case which supports this principle is Perdue v.…

Smith v. Unempl. Comp. Bd. of Review

This section has been held to have a substantive effect and application in addition to the specific grounds…