Summary
holding that an accountant had good cause to quit when the employer instructed the employee to make inaccurate accounting entries
Summary of this case from Harmony Twp. v. Unemployment Comp. Bd. of ReviewOpinion
Argued April 10, 1986
July 22, 1986.
Unemployment compensation — Burden of proof — Voluntary termination of employment — Necessitous and compelling cause — Scope of appellate review — Accountant.
1. In an unemployment compensation case involving a voluntary termination of employment, the burden is upon the claimant to prove the existence of necessitous and compelling reasons justifying the termination. [121]
2. In an unemployment compensation case, when the party with the burden of proof does not prevail before the factfinder, review by the Commonwealth Court of Pennsylvania is limited to determining whether the factual findings are consistent, whether such findings can be sustained without a capricious disregard of competent evidence or whether an error of law has been committed. [121]
3. A request to an accountant to enter inaccurate financial information on the books and records of an employer so affects the accountant's personal and professional integrity that the accountant is able to terminate employment voluntarily and remain eligible for unemployment compensation benefits. [122]
Argued April 10, 1986, before Judges CRAIG, and BARRY, and Senior Judge BLATT, sitting as a panel of three.
Appeal, No. 3269 C.D. 1984, from the Order of the Unemployment Compensation Board of Review in the case of In Re: Claim of Marla Share, No. B-235134.
Application to the Office of Employment Security for unemployment compensation benefits. Application denied. Applicant appealed to the Unemployment Compensation Board of Review. Appeal denied. Applicant appealed to the Commonwealth Court of Pennsylvania. Held: Reversed. Application for reargument filed and denied.
Alan S. Gold, Narin Chait, for petitioner.
Paul E. Baker, Associate Counsel, with him, James K. Bradley, Associate Counsel, and Charles G. Hasson, Acting Deputy Chief Counsel, for respondent.
Marla Share, the claimant, appeals from an order of the Unemployment Compensation Board of Review which affirmed the decision of a referee denying claimant benefits.
The claimant was employed as the accounting director and director of administration by the Program for Exceptional People. Her immediate supervisor was one Kenneth Klein. In her capacity as an accountant, Mr. Klein directed her to make inaccurate entries in the employer's books. On one occasion, the employer sold some machinery for $1200.00. Mr. Klein directed the claimant to record the sale at $1000.00. She refused, however, and recorded the proper amount. On another occasion, the employer received an appropriation from the Commonwealth's General Services Administration of $7500.00 to purchase an oil tank. When Klein was able to purchase a tank for $7000.00, he directed the claimant to enter as the purchase price the amount appropriated by the Commonwealth.
Because of her misgivings over these incidents, the claimant approached members of the employer's audit committee which investigated the matter. While the matter was under review by that committee, and before any action was taken, claimant voluntarily terminated her employment.
At the hearing before the referee, the claimant recounted the previously described incidents. At the time of the hearing, the audit committee had yet to reach a decision on the matter. The claimant presented the testimony of Joseph Jacobine, an attorney who served on the audit committee. He testified that, in his view, there was nothing illegal about the accounting practices because none of these monies were used personally by Mr. Klein; rather, the monies were used by the employer. Nonetheless, Mr. Jacobine opined that these practices were improper in an accounting sense in that all information should be accurately recorded for control purposes.
The referee denied benefits, holding that the claimant did not have cause of a necessitous and compelling nature to justify her voluntary termination. The Board affirmed. In its opinion, the Board reasoned that the claimant acted "precipitously" in resigning and should have waited until the audit committee made its decision. This appeal followed.
In a case involving a voluntary termination, the burden is upon a claimant to prove the existence of necessitous and compelling reasons justifying the termination. Ryan v. Unemployment Compensation Board of Review, 87 Pa. Commw. 465, 487 A.2d 1026 (1985). Where the party with the burden of proof has not prevailed before the fact finder, our review is limited to determining whether the factual findings are consistent, whether such findings can be sustained without a capricious disregard of competent evidence or whether an error of law has been committed. Bruder v. Unemployment Compensation Board of Review, 70 Pa. Commw. 9, 452 A.2d 288 (1982).
The claimant relies upon Zinman v. Unemployment Compensation Board of Review, 8 Pa. Commw. 649, 305 A.2d 380 (1973), as support for her argument that she had good cause to terminate her employment. There, an employee quit after her employer initiated a practice of recording certain telephone calls without informing all of the parties. Even though the claimant there was exempted from recording these calls, we reversed the Board's denial of benefits, stating, "The practice was at best highly questionable and the avoidance of association with an enterprise so engaged seems to us to have been the path of prudence." Id. at 651, 305 A.2d at 381.
In Miller v. Unemployment Compensation Board of Review, 73 Pa. Commw. 438, 458 A.2d 334 (1983), the claimant, the directress of nursing, resigned because of her belief that the employer was not following applicable state and federal regulations. In affirming the denial of benefits we stated, "[H]er contention that she was forced . . . to breach her professional responsibilities was not supported by evidence as to any statute, regulation or professional code of ethics which would be applicable." Id. at 440, 458 A.2d at 335.
Upon reflection, we believe this case is controlled by Zinman rather than Miller. We believe no more need be said than that a request to an accountant to enter inaccurate financial information on the books and records of an employer so affects that accountant's personal and professional integrity that the accountant is able to terminate employment voluntarily and still remain eligible for benefits. Even if the directives of the supervisor did not order the employee to engage in an illegal act, these directives were such that we believe the claimant followed a prudent course in leaving the employer's employ and that benefits should be allowed.
ORDER
NOW, July 22, 1986, the October 18, 1984, order of the Unemployment Compensation Board of Review, at No. B-235134, is reversed.