text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
October 25, 2006
TANISHA WILLIS, PLAINTIFFv.AMERICAN CUSTOMER CARE, DEFENDANT
Judge Jones
Pending before the Court is Defendant American Customer Care's ("Defendant" or "ACC") Motion for Summary Judgment ("the Motion")(doc. 39) filed on September 1, 2006.
For the reasons that follow, the Motion will be granted in part and denied in part.
On December 3, 2004, Plaintiff Tanisha Willis ("Plaintiff" or "Willis") commenced this action by filing a complaint in the United States District Court for the Middle District of Pennsylvania against the above-referenced Defendant. (Rec. Doc. 1). The complaint raises claims for racial discrimination under 42 U.S.C. § 1981 (Count I), breach of contract (Count II), and promissory estoppel/detrimental reliance (Count III). On February 7, 2005, the Defendant answered the complaint. (Rec. Doc. 6).
On September 1, 2006, the Defendant filed the instant Motion along with statement of facts. (Rec. Docs. 39 and 40). On September 11, 2006, Defendant filed a supporting brief. (Rec. Doc. 44). On September 29, 2006, Plaintiff filed a brief in opposition to the Motion with counterstatement of material facts. (Rec. Docs. 45 and 46). A reply brief was filed by the Defendant on October 19, 2006. (Rec. Doc. 50). Accordingly, the Motion has been fully briefed and is therefore ripe for our review.
Summary judgment is appropriate if "there is no genuine issue as to any material fact and . . . the moving party is entitled to judgment as a matter of law." FED .R. CIV. .P. 56(c); see also Turner v. Schering-Plough Corp., 901 F.2d 335, 340 (3d Cir. 1990). The party moving for summary judgment bears the burden of showing "there is no genuine issue for trial." Young v. Quinlan, 960 F.2d 351, 357 (3d Cir. 1992). Summary judgment should not be granted when there is a disagreement about the facts or the proper inferences which a fact finder could draw from them. See Peterson v. Lehigh Valley Dist. Council, 676 F.2d 81, 84 (3d Cir. 1982).
Initially, the moving party has a burden of demonstrating the absence of a genuine issue of material fact. Celotex Corporation v. Catrett, 477 U.S. 317, 323 (1986). This may be met by the moving party pointing out to the court that there is an absence of evidence to support an essential element as to which the non-moving party will bear the burden of proof at trial. Id. at 325.
Federal Rule of Civil Procedure 56 provides that, where such a motion is made and properly supported, the non-moving party must then show by affidavits, pleadings, depositions, answers to interrogatories, and admissions on file, that there is a genuine issue for trial. Fed.R.Civ.P. 56(e). The United States Supreme Court has commented that this requirement is tantamount to the non-moving party making a sufficient showing as to the essential elements of their case that a reasonable jury could find in its favor. Celotex Corp., 477 U.S. at 322-23.
It is important to note that "the non-moving party cannot rely upon conclusory allegations in its pleadings or in memoranda and briefs to establish a genuine issue of material fact." Pastore v. Bell Tel. Co. of Pa., 24 F.3d 508, 511 (3d Cir. 1994) (citation omitted). However, all inferences "should be drawn in the light most favorable to the non-moving party, and where the non-moving party's evidence contradicts the movant's, then the non-movant's must be taken as true."
Big Apple BMW, Inc. v. BMW of N. Am., Inc., 974 F.2d 1358, 1363 (3d Cir. 1992), cert. denied, 507 U.S. 912 (1993) (citations omitted).
Still, "the mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issue of material fact." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48 (1986)(emphasis in original). "As to materiality, the substantive law will identify which facts are material." Id. at 248. A dispute is considered to be genuine only if "the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Id.
Plaintiff is an African American. (Rec. Doc. 40 at ¶1).*fn1 Defendant is a Pennsylvania corporation that operates inbound and outbound contact centers and has a facility in Montoursville, Pennsylvania. ACC's customers contract with ACC to have telephone calls made or received on their behalf. (Rec. Doc. 40 at ¶2). On or about August 2004, ACC hired Plaintiff as a Corporate Trainer to be based in its Montoursville facility. (Rec. Doc. 40 at ¶3). The Corporate Trainer position was a new position that had been created by ACC immediately prior to Plaintiff being hired. ACC had never previously employed a Corporate Trainer.
(Rec. Doc. 40 at ¶6). Upon the beginning of her employment, Plaintiff was given an Orientation packet that contained an "Employment At Will Disclaimer." (Rec. Doc. 40 at ¶5). Plaintiff, however, denies that she was hired as an at-will employee. (Rec. Doc. 45 at ¶4).
The Corporate Trainer was to be the "face" of ACC to its large corporate clients and would be the primary representative of ACC. (Rec. Doc. 40 at ¶7). ACC advertised the position of Corporate Trainer by various means, including the use of two recruiting firms, and ultimately narrowed down the field of candidates to five qualified candidates. (Rec. Doc. 40 at ¶8). ACC was aware that Plaintiff was African American at the time she was interviewed and hired by ACC to be the "face" of the ACC company. (Rec. Doc. 40 at ¶9). The other four candidates for the job included a Caucasian male, Caucasian female, an African American male, and an African American female. (Rec. Doc. 40 at ¶10).
Plaintiff an her family (husband, son and daughter) planned to move to Montoursville from Ohio, where they resided prior to Plaintiff's acceptance of the job. The plan was for Plaintiff to move first and then for the family to follow. (Rec. Doc. 40 at ¶15). Defendant alleges that ACC management personnel observed, that from the time Plaintiff accepted the position, she was consumed, almost to the point of obsession, about whether she and her family could ever adjust to what she perceived as a lack of openness to diversity in the Montoursville, Pennsylvania area. Defendant also alleges that Plaintiff repeatedly posed questions to those with whom she worked about the diversity of the Montoursville area and the school system. (Rec. Doc. 40 at ¶13-14). Defendant alleges that ACC's management personnel observed that Plaintiff's obsession with these issues was having a serious impact on her job performance in terms of her attitude, her apparent level of commitment to the position, her ability to satisfactorily perform the duties and responsibilities of her job, and her general emotional stability. (Rec. Doc. 40 at ¶16-17). Plaintiff denies these allegations.
Defendant alleges that the first indication of instability occurred after Plaintiff had accepted the Corporate Trainer position, but prior to her official starting date. ACC requested Plaintiff to attend a meeting with an important prospective corporate client. Plaintiff agreed to attend but arrived late to the meeting. (Rec. Doc. 40 at ¶18). Plaintiff alleges that this allegation of "instability" is utterly false, and the reason for her lateness was difficulty with accommodations and that recruiter Clark Smith was aware of this fact. (Rec. Doc. 45 at ¶18). Defendant alleges that another example of Plaintiff's emotional instability was an occasion when Plaintiff burst into tears in front of 180-200 employees after being informed that her cable installation would be later than anticipated. (Rec. Doc. 40 at ¶20). Defendant alleges that ACC's management personnel were concerned that Plaintiff would not be a long-term employee, based upon their observations of her behavior. (Rec. Doc. 40 at ¶22). Plaintiff alleges that Defendant's agents have fabricated the purported "instability" and "lack of commitment" bases for Plaintiff's termination. (Rec. Doc. 45 at ¶20-24).
Defendant alleges that based upon their observation of Plaintiff's continued behavior, the concern of ACC management personnel became so great that on September 13, 2004, Michael Shea ("Shea") and Rodd Furlough ("Furlough"), Plaintiff's immediate supervisors, had a telephone conference with Jeff Neistat ("Neistat"), one of the owners of the company, to apprise him of the situation. Defendant alleges that Niestat shared Shea and Furlough's concerns that, based upon her behavior, it did not appear that Plaintiff would be a long term employee and that her instability and temperament indicated that she was not a good fit for the Corporate Trainer position. (Rec. Doc. 40 at ¶24). Defendants further allege that based upon their determination that Plaintiff was not a good fit for the position, it was best to terminate her before her family was uprooted from their home in Ohio and moved to Montoursville. On September 13, 2004, Plaintiff met with Shea, Furlough, and Lisa Furlough. Furlough and Shea told her she was being terminated from employment with ACC. (Rec. Doc. 40 at ¶11, ¶26).
Plaintiff alleges that the decision to terminate her was made based upon input from two employees of Defendant, Rod Furlough and Mike Shea. Plaintiff alleges that Furlough, the director of inbound operations, testified that the reasons for Plaintiff's termination were two-fold: emotional instability and lack of commitment to the job. (Rec. Doc. 45 at ¶13). Furlough testified as to one incident of alleged emotional instability that he personally observed, namely an occasion on which Plaintiff was upset and in tears because of difficulties in finding what she considered to be a suitable living arrangement. Furlough also testified that he had informed about a lunch that Plaintiff had with Barbara Leidecker during which Plaintiff allegedly discussed her concerns about the area.*fn2 With respect to Plaintiff's alleged lack of commitment to the job, Furlough testified at his deposition that Plaintiff's statements (i.e. she was not comfortable with the move, her family was going to struggle, she was uncomfortable with the schooling) were indicative that she was not committed to the move or the job. (Rec. Doc. 45 at ¶13). Plaintiff denies making statements of this kind. At his deposition, Shea testified that he attributed Plaintiff's termination to . . . concern over her instability over this first couple of weeks [of employment]." He alleges that this determination was based on the same incidents testified to by Furlough. (Rec. Doc. 45 at ¶13).
Subsequent to Plaintiff's termination, ACC has not filled the position of Corporate Trainer and has not been interviewing candidates for the position. (Rec. Doc. 40 at ¶30).
In the Motion, Defendant moves for summary judgment with respect to Plaintiff's three claims: racial discrimination pursuant to 42 U.S.C. § 1981, breach of contract and promissory estoppel. We shall analyze the merits of each claim in turn.
A. Count I - § 1981 Claim
Claims of racial discrimination without direct evidence of discrimination brought pursuant to 42 U.S.C. § 1981 are analyzed under the familiar burden-shifting standard first announced in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973).
As the Third Circuit Court of Appeals has noted: Briefly summarized, the McDonnell Douglas analysis proceeds in three stages. First, the plaintiff must establish a prima facie case of discrimination.*fn3 If the plaintiff succeeds in establishing a prima facie case, the burden shifts to the defendant to articulate some legitimate, nondiscriminatory reason for the employee's [termination].*fn4 Finally, should the defendant carry this burden, the plaintiff then must have an opportunity to prove by a preponderance of the evidence that the legitimate reasons offered by the defendant were not its true reasons, but were a pretext for discrimination.
Jones v. School Dist. of Philadelphia, 198 F.3d 403, 410 (3d Cir. 1999)(citing McDonnell Douglas, 411 U.S. at 802).
Under the McDonnell Douglas standard, a prima facie case of discrimination has four general elements: (1) the plaintiff is a member of a protected class; (2) the plaintiff was qualified for the job; (3) the plaintiff was terminated despite those qualifications and (4) after the termination, the job remained open and the employer sought applicants with the plaintiff's qualifications.
In this action, it not disputed that Plaintiff, an African-American, was terminated from her position Corporate Trainer for ACC. Moreover, inasmuch as Defendant hired Plaintiff, it is not disputed that Plaintiff was qualified for the Corporate Trainer position. Following Plaintiff's termination, the job has remained open. It is apparent that Plaintiff has succeeded to establish a prima facie case under the McDonnell Douglas framework.
As noted, once Plaintiff has established a prima facie case, the "burden of production shifts to the defendant to 'articulate some legitimate, nondiscriminatory reason for the employee's [termination]." Fuentes, 32 F.3d at 763 (quoting McDonnell Douglas, 411 U.S. at 802). "The employer satisfies its burden of production by introducing evidence which, taken as true, would permit the conclusion that there was a nondiscriminatory reason for the unfavorable employment decision." Id. (citing St. Mary's Honor Ctr. v. Hicks, 509 U.S. 502, 508 (1993)). "The employer need not prove that the tendered reason actually motivated is behavior, as throughout this burden-shifting paradigm the ultimate burden of proving intentional discrimination always rests with the Plaintiff." Id. (citing Texas Dep't of Cmty. Affairs v. Burdine, 450 U.S. 248, 253 (1981)).
In this action, Defendant's articulated legitimate, nondiscriminatory reasons for terminating Plaintiff's employment are two-fold: (1) perceived emotional instability and (2) perceived lack of commitment to the job. Inasmuch as the burden of articulating a legitimate, nondiscriminatory reason is a light one, we find that the Defendant has satisfied its burden by providing the above-mentioned two reasons. Moreover, both Shea and Furlough testified that they were involved in the decision to terminate Plaintiff and that her perceived instability and lack of commitment were the only reasons for her termination.
"Once the employer answers its relatively light burden by articulating a legitimate reason for the unfavorable employment decision, the burden of production now rebounds to the plaintiff, who must now show by a preponderance of the evidence that the employer's explanation is pretextual (thus meeting the plaintiff's burden of persuasion)." Id. "[T]he plaintiff must convince the factfinder 'both that the reason was false, and that discrimination was the real reason.'" Id. (quoting Hicks, 509 U.S. at 515-516). "[T]o avoid summary judgment, the plaintiff's evidence rebutting the employer's proffered legitimate reasons must allow a factfinder to reasonably infer that each of the employer's proffered non-discriminatory reasons was either a post-hoc fabrication or otherwise did not actually motivate the employment action." Id. at 764 (internal citations omitted).
"To discredit the employer's proffered reason, however, the plaintiff cannot simply show that the employer's decision was wrong or mistaken, since the factual dispute at issue is whether discriminatory animus motivated the employer . . . [T]he non-moving plaintiff must demonstrate such weaknesses, implausibilities, inconsistencies, incoherencies, or contradictions in the employer's proffered legitimate reasons for its action that a reasonable factfinder could rationally find them 'unworthy of credence.'" Id. at 765 (internal citations omitted).
Plaintiff asserts that Defendant's cited reasons for Plaintiff's termination, emotional instability and lack of commitment to the job, are utterly false. In support of her argument, Plaintiff states that these purported reasons were not the reasons cited to her at the termination meeting on September 13, 2004. Plaintiff testified that, at the termination meeting, she was told that: they had a concern about whether or not I was going to stay in the area. They had a concern about the position. And that the three of them had talked and they decided that they didn't think that this was going to be something good for me. That they really felt that they had made a mistake in asking me to come here, and that they had talked to Jeff, and that he had given them permission to reverse the hiring decision. He said -- he said, he has given us permission to fix the mistake. So, we are going to reverse our hiring decision . . . Then Rod started to talk and he says, you know, Lisa and I have talked about it and we know what a hard time our kids had acclimating to the area, or "fitting in" was his words . . . We know how hard our, how hard a time our kids had fitting in here, you know, we know that it will be twice as has hard for your kids. (Rec. Doc. 46, Ex. B, Deposition of Plaintiff, p. 124, ll. 7-25). Plaintiff further testified that Furlough told her she was still the best person for the job, but "we just think that in six months you will hate it here and you will quit." (Rec. Doc. 46, Ex. B, p. 125, ll. 8-11).
Plaintiff's essential argument is that both Shea and Furlough's testimony indicate that the reasons articulated for Plaintiff's termination were post-hoc fabrications. Plaintiff argues that both Furlough and Shea could largely only point to piecemeal second-hand information regarding Plaintiff's alleged "emotional instability." Plaintiff further argues that neither Shea nor Furlough could identify anything Plaintiff actually said to indicate a lack of commitment to the job.
Finally, Plaintiff asserts that Clark Smith's ("Smith") testimony is direct evidence of discriminatory motive and tends to show that the Defendant's articulated reasons are pretextual. Plaintiff argues that Smith, the recruiter, testified that both Shea and Furlough contacted him following Plaintiff's hire and expressed concerns about how Plaintiff would "fit in." Particularly, Smith testified that Furlough and Shea expressed concerns that
" . . . there was -- were not a lot of people of color in the area and that well, see, I'm not even sure whether [Plaintiff] had expressed that concern to them or whether they were concerned for her . . . [T]hey were concerned that Tanisha's daughter would not be accepted in the community. Tanisha's desire for her daughter, things like ballet school or jazz dancing or something, I don't recall, and that they weren't sure that, you know, a person of color would be accepted in those." (Rec. Doc. 46, Ex. G., Deposition of Clark Smith, p. 22, ll. 23-25; p. 27, ll. 17-24). Plaintiff argues that Smith's testimony not only reveals that the decision to fire Plaintiff was based on her race, but also casts significant doubt on the reasons proffered by Defendant for her termination.
A review of the evidence before us, mainly the testimony of the Plaintiff, Shea, Furlough and Smith, lead us to the conclusion that a genuine issue of fact remains as to whether Defendant's proffered legitimate, nondiscriminatory reasons for Plaintiff's termination are pretextual. For example, the exchange between Smith and Shea and Furlough clearly reveals that Plaintiff's race was a stated topic of the conversation. In light of all the evidence before us, it would be imprudent to grant summary judgment at this juncture, because Plaintiff has presented evidence that arguably raises at least an inference of discrimination. Accordingly, we will deny the Defendant's Motion with respect to Count I of the complaint.
B. Counts II and III- Breach of Contract and Promissory Estoppel
Under Pennsylvania law, there exists a rebuttable presumption that employment is on an at-will basis. See Geary v. United States Steel Corp., 456 Pa. 171 (1974); DiBonaventura v. Consolidated Rail Corp., 539 A.2d 865, 867 (Pa. Super. 1988). Generally, at-will employees may be terminated at any time, for any reason or for no reason. See Stumpp v. Stroudsburg Municipal Auth., 540 Pa. 391 (1995). The burden of overcoming the at-will presumption rests with the employee. See Luteran v. Loral Fairchild Corp., 688 A.2d 211, 214 (Pa. Super. 1997).
"In order to rebut the presumption of at-will employment, a party must establish one of the following: (1) an agreement for a definite duration; (2) an agreement specifying that the employee will be discharged for just cause only; (3) sufficient additional consideration; or (4) an applicable recognized public policy exception." Pinderski v. Commonwealth Telephone Enterprises, Inc., 2006 U.S. Dist. LEXIS 50783, *4-5 (M.D. Pa. 2006)(Munley, J.)(quoting Luteran, 688 A.2d at 214). "Sufficient additional consideration" is present where "an employee affords his employer a substantial benefit other than the services which the employee is hired to perform, or when the employee undergoes a substantial hardship other than the services which he is hired to perform." Pinderski, 2006 U.S. Dist. LEXIS at *5 (quoting Darlington v. General Electric, 504 A.2d 306, 315 (Pa. Super. 1986).
As noted by the Defendant, the issue of whether an employee has given sufficient additional consideration to rebut the presumption is "ordinarily" a jury question. Peremeter v. Crown Cork & Seal Co., 38 F. Supp. 2d 372, 379 (E.D. Pa. 1999). However, a court may decide the issue when the "evidence is so clear that no reasonable [person] would determine the issue before the court in any way but one." Id. (citations omitted).
Plaintiff argues that Defendant's Motion with respect to Count II should be denied because Plaintiff provided sufficient additional consideration, and thus the presumption of at-will employment has been rebutted. Plaintiff cites the case of Cashdollar v. Mercy Hosp., 595 A.2d 70 (Pa. Super. 1991) to support her argument. In Cashdollar, the court found sufficient additional consideration where an employee left an existing job, sold his home in Virginia and moved his pregnant wife and young child to Pittsburgh from Virginia. Likewise, additional consideration was also found where an employee quit his existing job, rejected a different job offer, sold his home in Massachusetts and purchased a home in Pennsylvania, see News Printing Co. Inc., v. Roundy, 597 A.2d 662, 665 (Pa. Super. 1991), and where the employee left his current employment and an offered increase in salary, sold his home in California, and made a move to Pennsylvania, where he purchased property and planned to buy a house. See Scullion v. EMECO Industries, Inc., 580 A.2d 1356, 1369 (Pa. Super. 1990).
Defendant argues that despite Plaintiff's argument that she provided sufficient additional consideration, her claim must fail because she was given an orientation packet that included a document entitled "Employment At Will Disclaimer." See e.g., Peremeter, 38 F. Supp. 2d at 380 (plaintiff signed two documents that prominently stated he was an at-will employee, therefore the court was constrained to interpret the relationship as an at-will contract); Sharp v. BI/IP Int'l Inc., 991 F. Supp. 451, 458 (E. D. Pa. 1998)("If the parties specifically agreed that the employment would be at-will, even though additional consideration were present, we would expect a court to construe the contract according to the parties' stated intention and hold it to be at- will"). Plaintiff does not dispute that she received the "Employment At Will Disclaimer." (Rec. Doc. 45 at ¶5; Rec. Doc. 41, Ex. C).
Despite the fact that Plaintiff herself moved to Pennsylvania, left her former job, signed a one-year lease on a house, and prepared for her family to relocate from Ohio to Pennsylvania, Plaintiff's admitted receipt of the "Employment At Will Disclaimer" constrains this court to construe her employment as of an at-will nature. To do otherwise would render the disclaimer meaningless. It indicates that Plaintiff's at-will status was made fully known to her at the inception of her employment, and thus deprives her of the argument that this status was somehow eviscerated by the additional consideration she claims to have provided. It logically follows that Plaintiff cannot maintain a action sounding in contract due to the at-will nature of the employment relationship between herself and Defendant. Accordingly, we shall grant the Defendant's Motion with respect to Count II.
C. Count III - Promissory Estoppel
The Pennsylvania Supreme Court has ruled that promissory estoppel is not an exception to the general rule of at-will employment. Paul v. Lankanau Hosp., 569 A.2d 346, 348 (Pa. 1990). Specifically, the court has ruled that "[a]n employee may be discharged with [or] without cause, and our law does not prohibit firing an employee for relying on an employer's promise." Id.
As previously noted, we are constrained to view the Plaintiff's employment with Defendant as an at-will employment, and accordingly, Plaintiff's claim of promissory estoppel must necessarily fail and we shall grant the Defendant's Motion with respect to Count III.
For the reasons stated herein, we shall grant the Defendant's Motion with respect to Counts II (Breach of Contract) and III (Promissory Estoppel) of the complaint. We shall deny the Defendant's Motion with respect to Count I (42 U.S.C. § 1981 claim) inasmuch as we find a genuine issue of material fact remains as to whether the Defendant's articulated legitimate nondiscriminatory reasons are pretext for discrimination.
1. Defendant's Motion for Summary Judgment (doc. 39) is GRANTED in part and DENIED in part to the following extent:
a. Summary Judgment is GRANTED with respect to Counts II and III.
b. Summary Judgment is DENIED with respect to Count I.
2. The Clerk shall enter judgment in favor of the Defendant and against the Plaintiff on Counts II and III of the complaint.
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text:
Not trying to sound alarmist, but...no matter what the season, there's the potential for natural disaster out there. We've seen upticks in major storms, crazy weather patterns, hurricanes, earthquakes, flooding, you name it. And it's all of our jobs to be prepared for when the worst happens.
It starts with an emergency radio. It's important to stay informed before, during, and after something major hits, and emergency radios are key to communication when everything else fails. So what's the best emergency radio out there? Here are five top options that'll help you keep in the know to protect you and your family.
Don't only think of emergency radios as something solely for home. You should have a few stashed away in locations where you tend to spend a lot of time. That includes work, your car, a relative's home, or anywhere else too far from your living space to guarantee a safe return when things go bad. Remember, no survival equipment will help you if you don't have it near.
The Midland Weather Radio (WR300)
A top emergency radio that'll warn you before things get bad
Amazon Price: $79.99 $41.99 Buy Now
(price as of Sep 23, 2016)
If you live in an area which often experiences serious weather conditions that come up quick, you need some sort of device that'll warn you in real-time. This includes regions prone to flooding, tornadoes, and earthquakes, to name a few. Really any system of significant weather that gives you little notice. For these types of locales, this Midland radio is a lifesaver.
It pulls in all of the NOAA (National Oceanic and Atmospheric Administration) weather channels and Environment Canada, and has smart technology that only gives you the data and alerts for your locale area. It also alerts you when a warning has been lifted--important too so that you can live your life as normally as possible. These alerts are all customizable--from an actual siren to a simple flashing of the LED panel of the radio.
It's also packed with an AM/FM radio, an alarm clock, and a calendar, so it can act as your bedside tool just as well as your emergency preparedness device. It runs on AC power, but takes four AA batteries for backup juice. That's important for serious conditions where power is not guaranteed.
The Ambient Weather Adenturer
The popular all-in-one solution for emergency preparation
Amazon Price: $279.95 Buy Now
(price as of Sep 23, 2016)
It's charging abilities are just as versatile. You can charge from AC wall power, from a USB device (like your laptop that still contains juice), from solar power, or via a hand crank. That's a lot of flexibility that can come in real handy in the worst of situations. This is the type of radio that you may never use, but you'll be thanking yourself that you bought it if you're ever caught in an emergency scenario.
The Emerson Portable Weather Radio And Clock
Amazon Price: $49.88 Buy Now
(price as of Sep 23, 2016)
This Emerson is that radio. It's economical, it's an AM/FM and NOAA weather radio, it has a digital clock display, and that's it. Nothing fancy, but it covers your needs during and after bad weather. It runs on AC power or via four AA batteries. This is a great model to tuck away at work or in your vehicle as a "just in case" radio.
The Ambient Weather Compact Weather Radio
Another budget-friendly choice, and space-friendly too.
Amazon Price: $60.00 $17.00 Buy Now
(price as of Sep 23, 2016)
This is an excellent emergency radio for camping and hiking trips. It takes up little space in your pack and relies on you or the sun for the power it needs.
The Eton Weather Radio
A tiny all-purpose emergency device
Amazon Price: $49.99 $32.50 Buy Now
(price as of Sep 23, 2016)
Safety Comes With Knowledge
Getting the best emergency radio is only part of the challenge. It's having one at the ready if (or when) things go wrong. It's best to be prepared, and when the time hits, having one of these options by your side can be a real help during hard times. It can keep you in the know and ready for what's next.

subset: commoncrawl


text:
Product details
Providing a lovely breeze in the summer months, this digital silver tower fan has a handy remote control for ease of use, keeping you cool at the touch of a button. With a variety of cooling and speed settings, this fan is perfect for taking the heat out of a heatwave!
- Features: 3 speed settings and three fan modes. Normal mode, a natural mode to imitate a cooling summer's breeze, and sleep mode, a quieter fan noise that won't disturb you at night.
- Energy class rating: B
- Remote control: Yes
- Material: Copper motor
- Colour: Silver and black
- Guarantee: 1 year
- Effects and finish: Silver efffect
- Safety details: Keep out of reach of children.
- Suitable for room size: 10 sq m
- Usage restrictions: Indoor use
Rated 1 out of 5 by 1 reviewer.
Rated 1 out of 5 by Deidre Not as expected Arrived without any screws to fix the base and no remote control. 28 July 2016


text:
2671 Bay Harbor Club Lane, Kewadin 49648
See more homes for sale in Kewadin, MI
This Custom Home, On 117 Feet Of Shoreline Is Designed To Optimize The Sweeping Views Of Grand Traverse Bay. The Home Boasts 3 Bedrooms And A Den, 3 Baths, Huge Workshop, 1st Floor Master Bedroom And Over 3500 Sq. Ft. Of Finished Space. Located In An Exclusive Area Of Fine Homes Within The Private Seclusion Of The Bay Harbor Club (near Torch Lake Village). Amenities Include A Tennis And Pickle Ball Court, 70 Acre Private Preserve With Nature Walks Through Forested Dunes And Ravines. Halfway Between Elk Rapids And Charlevoix Close To Skiing And Golf. Outstanding Value Reflecting Today's Market, This Home Is Priced To Sell.
Property Information
- Status
- Active
- Address
- 2671 Bay Harbor Club Lane
- City
- Kewadin
- Zip
- 49648
- County
- Antrim
- Township
- Torch Lake
- Possession
- At Closing
- Skiing
- Golf Nearby
- Siding
- Wood
- Listing Date
- 06/25/2016
- Zoning
- Residential
- Total Finished SqFt
- 3,528
- Lower Finished SqFt
- 1,328
- Above Grade SqFt
- 2,200
- Garage
- 2.0
- Waterview
- Waterfront
- Body of Water
- Grand Traverse Bay
- Water
- Community Well
- Sewer
- Private Septic
- Year Built
- 1994
- Home Style
- Raised Ranch, 1 Story
- Parking Desc.
- Attached, Door Opener, Concrete Floors
- Taxes
- $5,111
- Summer Taxes
- $2,975
Rooms and Land
- MasterBedroom:
- 19'x15' 1st Floor
- Bedroom2:
- 10'x11' 1st Floor
- Bedroom3:
- 19'x11'
- Family:
- 27'x30'
- Kitchen:
- 11.5x13' 1st Floor
- Living:
- 19'x25' 1st Floor
- Dining:
- 14.5'x12' 1st Floor
- Basement
- Full, Walkout, Partial, Block, Entrance Outside, Finished Rooms, Egress Windows
- Heating
- Hot Water, Baseboard, Radiant Floor
- Acreage
- 1.3
- Lot Dimensions
- Appliances
- Refrigerator, Oven/Range, Disposal, Dishwasher, Microwave, Water Softener Owned, Washer, Dryer, Cook Top, Ceiling Fan, Propane Water Heater, Smoke Alarms(s)
- Fireplace Desc.
- Fireplace(s), Gas, Wood, Stove
- Interior Features
- Jetted Tub, Skylights, Built-In Bookcase, Bay Window(s), Foyer Entrance, Walk-In Closet(s), Sauna, Formal Dining Room, Great Room, Den/Study, Game Room, Workshop, Vaulted Ceilings, Drywall
- Exterior Materials
- Wood
- Exterior Features
- Bay View, Deck, Landscaped
Listing Video for 2671 Bay Harbor Club Lane, Kewadin MI 49648
Mortgage Calculator
Listing Broker
Listing Courtesy of Berkshire Hathaway Mi-Eastport
Office Address 4981 Us-31 North
Listings last updated: . Some properties that appear for sale on this web site may subsequently have been sold and may no longer be available.
Our Michigan real estate agents can answer all of your questions about 2671 Bay Harbor Club Lane, Kewadin MI 49648. Real Estate One, Max Broock Realtors, and J&J Realtors are part of the Real Estate One Family of Companies and dominate the Kewadin, Michigan real estate market. To sell or buy a home in Kewadin, Michigan, contact our real estate agents as we know the Kewadin, Michigan real estate market better than anyone with over 100 years of experience in Kewadin, Michigan real estate for sale.
The data relating to real estate for sale on this web site appears in part from the IDX programs of our Multiple Listing Services. Real Estate listings held by brokerage firms other than Real Estate One includes the name and address of the listing broker where available.
IDX information is provided exclusively for consumers personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing.
Nothern Great Lakes REALTORS® MLS. All rights reserved.


text:
Midnight3DS wrote:
Technically, that's an anime.
Oh no, I just became "that" guy...
Seriously though, although anime is just a term used for cartoons made in Japan, I think this thread was made with the intent of discussing western made cartoons, as it's seperate from the anime thread. (although the thread's creator could clear this up, if I'm wrong about their intent)
Edited on by RR529
Avatar: Kagero (FE Fates: Birthright)
Currently Playing: Front Mission Evolved
Recently Beat: Metroid Prime: Blast Ball, Dokuro, Halo Anniversary, Monument Valley


text:
- Collapsible media device holder
- Back piece detaches for cleaning screen with microfiber strip
Remember Me
Forgot your password?
Not a member?
11/28/2016IAAP Chair's November update
8/22/2016Summit 2017 Pre-registration is Open
7/22/2017IAAP Leadership Academy 2017
10502 N Ambassador Dr., Ste. 100
Kansas City, Missouri 64153
816.891.6600 | 816.891.9118 fax


text: 3dmodelz HMMWV Posted by agata | December 7, 2012 Posted in DAZ | Poser | Carrara, Transport Avenger Binary Shuttlecraft Military Hummer for the Millennium figures. Used in all theatres of operation the reliable Humvee. Avenger Binary Shuttlecraft Related posts: Steam Gear: Epiproctor Tractor F9N F.V.C.S.: Texture Pack 2 Allied Fleets Outpost OBJ Format Custom Bike Type 2.2 Elven Small Sail Sea Craft M1 Abrams Main Battle Tank NRH Vulcan


text:
Dainty XL Necklace
Modern minimalism at its finest. The Dainty Necklace features a smaller key with a delicate chain for a softer, dare we say daintier, look.
Embrace your word, then Pay It Forward to a person you feel needs the message more than you. Then write us a story of why you gave it away.
- Available in 13 core words
- For a custom word, just type your word in the CUSTOM field for $5 more (9 character limit)*
- This product is handmade in Downtown Los Angeles
- Our Dainty keys are inspired by vintage keys, meaning each one is unique and may not look like the keys pictured
- Each item sold separately
- Choose from a 36" gold or silver chain


text:
The stock of Ball Corporation (NYSE:BLL) gapped up by $0.32 today and has $101.50 target or 28.00% above today's $79.30 share price. The 7 months technical chart setup indicates low risk for the $13.80 billion company. The gap was reported on Oct, 14 by Barchart.com. If the $101.50 price target is reached, the company will be worth $3.86 billion more.
Gaps up are useful for using as a support level and to some extent as a tradeable event. If investors already hold the stock and experience a price gap up, then its usually a good idea to hold the stock for a stronger up move. Back-tests of these patterns indicate that two-thirds of the times the stock performance improves after the gap. The area gaps close 89% of the time, the breakaway gaps, 2%, the continuation gaps 4% and the exhaustion gaps 61%. About 350,465 shares traded hands. Ball Corporation (NYSE:BLL) has risen 13.88% since March 11, 2016 and is uptrending. It has outperformed by 8.42% the S&P500.
Analysts await Ball Corporation (NYSE:BLL) to report earnings on November, 3. They expect $0.91 earnings per share, down 17.27% or $0.19 from last year's $1.1 per share. BLL's profit will be $158.36M for 21.79 P/E if the $0.91 EPS becomes a reality. After $1.05 actual earnings per share reported by Ball Corporation for the previous quarter, Wall Street now forecasts -13.33% negative EPS growth.
Ball Corporation (NYSE:BLL) Ratings Coverage
Out of 7 analysts covering Ball Corporation (NYSE:BLL), 4 rate it a "Buy", 0 "Sell", while 3 "Hold". This means 57% are positive. Ball Corporation has been the topic of 12 analyst reports since October 15, 2015 according to StockzIntelligence Inc. The firm has "Buy" rating given on Wednesday, December 9 by Jefferies. As per Friday, July 29, the company rating was initiated by Citigroup. The stock of Ball Corporation (NYSE:BLL) earned "Equal-Weight" rating by Barclays Capital on Thursday, July 14. Vertical Research downgraded Ball Corporation (NYSE:BLL) on Friday, August 5 to "Hold" rating. As per Friday, August 5, the company rating was maintained by Citigroup. As per Tuesday, November 10, the company rating was upgraded by Macquarie Research. The firm has "Buy" rating by Jefferies given on Friday, August 5. As per Thursday, December 3, the company rating was upgraded by Wells Fargo. The rating was upgraded by JP Morgan to "Overweight" on Thursday, March 31.
According to Zacks Investment Research, "Ball is a manufacturer of metal and plastic packaging, primarily for beverages and foods, and a supplier of aerospace and other technologies and services to commercial and governmental customers."
Insitutional Activity: The institutional sentiment increased to 1.46 in 2016 Q2. Its up 0.43, from 1.03 in 2016Q1. The ratio improved, as 36 funds sold all Ball Corporation shares owned while 104 reduced positions. 45 funds bought stakes while 159 increased positions. They now own 129.58 million shares or 10.47% more from 117.30 million shares in 2016Q1.
Blackrock Inv Ltd Limited Liability Company accumulated 358,919 shares or 0.03% of the stock. State Of Wisconsin Inv Board accumulated 0.02% or 70,393 shares. Seven Eight Limited Liability holds 1,407 shares or 0.04% of its portfolio. Gateway Advisers Ltd Liability Corporation last reported 9,470 shares in the company. Great West Life Assurance Can holds 101,369 shares or 0.03% of its portfolio. Moreover, Kcg has 0.04% invested in Ball Corporation (NYSE:BLL) for 26,407 shares. Delta Cap Mgmt Ltd Com has invested 0.21% of its portfolio in Ball Corporation (NYSE:BLL). Oregon Public Employees Retirement Fund owns 30,357 shares or 0.05% of their US portfolio. Parkside Bank & Trust Trust, a Missouri-based fund reported 37 shares. Moreover, Exxonmobil Inv Mgmt Tx has 0.07% invested in Ball Corporation (NYSE:BLL) for 45,028 shares. Moreover, Euclid Advsr Ltd Llc has 0.02% invested in Ball Corporation (NYSE:BLL) for 6,820 shares. Amp Capital Investors last reported 40,611 shares in the company. Seven Locks Cap Management L P holds 189,448 shares or 7.46% of its portfolio. Paloma, a Connecticut-based fund reported 9,445 shares. First Tru Lp holds 37,888 shares or 0.01% of its portfolio.
Insider Transactions: Since May 2, 2016, the stock had 14 buys, and 3 sales for $2.16 million net activity. The insider Mariani Pedro Henrique bought $240,540. NELSON GEORGIA R had bought 3,000 shares worth $240,909. $309,145 worth of Ball Corporation (NYSE:BLL) shares were sold by Peterson James N. On Tuesday, August 9 HEINRICH DANIEL J bought $242,190 worth of the stock or 3,000 shares. Alspaugh Robert W bought $237,798 worth of Ball Corporation (NYSE:BLL) on Monday, August 8. On Friday, May 6 FIEDLER HANNO C bought $502,390 worth of the stock or 7,000 shares. SMART GEORGE M had bought 3,000 shares worth $240,433 on Friday, August 12.
More recent Ball Corporation (NYSE:BLL) news were published by: Prnewswire.com which released: "Ball Corporation Reaches Agreement to Sell Baltimore Specialty Tin Plant" on September 26, 2016. Also Zacks.com published the news titled: "Ball Corporation (BLL) to Sell Baltimore Specialty Tin Plant" on September 27, 2016. Businesswire.com's news article titled: "The Growler Station® Expands Product Portfolio with Ball Corporation CROWLER …" with publication date: September 28, 2016 was also an interesting one.
BLL Company Profile
Ball Corporation (Ball), incorporated on December 19, 1922, is a supplier of metal packaging to the beverage, food, personal care and household products industries. The Company's packaging products are produced for a range of end uses and are manufactured in facilities around the world. The Firm operates in four divisions: metal beverage packaging, Americas and Asia; metal beverage packaging, Europe; metal food and household products packaging, and aerospace and technologies. The Company's product lines include aluminum and steel beverage containers. The Firm also produces steel food, aerosol, paint, general line and decorative specialty containers, as well as extruded aluminum aerosol and beverage containers and aluminum slugs. The Firm sells its packaging products to multinational beverage, food, personal care and household products companies. The Company's aerospace business is engaged in the designing, development and manufacturing of aerospace systems for civil, commercial and national security aerospace markets. It produces spacecraft, instruments and sensors, radio frequency systems and components, data exploitation solutions and a range of aerospace technologies and products.
Receive News & Ratings Via Email - Enter your email address below to receive a concise daily summary of the latest news and analysts' ratings with our FREE daily email newsletter.


text: You are here Home Furniture Beds Elastacoil 5' Divan Bed Elastacoil 5' Divan Bed Open Coil System For Medium Support FREE Headboard Included Memory Foam Mattress Micro Tufted Enjoy months of amazing sleep with this 5' King Size Divan bed which comes with a responsive memory foam mattress and headboard. Welcomingly comfortable, you'll love the micro tufted fabric border surrounding the base and the great support offered by the included mattress. You can also get this bed as a single or double bed. 3 years 2 years Pricing item code P2AL Cash Price:£549.99 No of Weeks:156 Total Payment:£1095.12 Weekly:£7.02 Availability:In StockIn Stock Cash Price:£549.99 No of Weeks:104 Total Payment:£914.16 Weekly:£8.79 Availability:In StockIn Stock Apply today secure server 68.9% APR representative Options to protect your purchase All sorted:Extended service agreement £1.09 weekly. More info. IMPORTANT: All electrical goods purchased from BAYV must be covered against theft and accidental damage. If you do not have home contents insurance, we can offer you our EPS cover at an additional cost, but it may not be the best cover if you're purchasing multiple items. Adequate cover must be in place to process your application. Representative Example: Amount of credit provided (cash price) £369.99, £4.73 per week over 156 weeks. Total amount payable £737.88, rate of interest 33.08% per annum (fixed), APR 68.9% representative. IMPORTANT INFORMATION - SMART METER: All customers are required to have a Smart Meter which connects to the power supply on your TV enabling your weekly payments to be managed. If the goods purchased do not include a television, the meter will be fitted to an existing TV that you own. If you fail to make payments on time, the meter may restrict the use of the television. It is important that you speak to us if you think you could fall behind with payments, so that we can help you avoid any restrictions. We provide all of our customers with a Smart Meter. Click to find out more.


text:
Best route map between Iowa City, IA and Tulsa, OK. This route take about 574 Miles.
The distance and estimated time is placed on the right depending on the status of the road.
, 00:10
You view route of Iowa City, IA and Tulsa, OK, this
is a short route and it takes
about 574 or 924. May
be you want to know how
long does it take? Average, It takes about 8 hours 21 mins.
Now, if need to talk about details of Iowa City, IA and Tulsa, OK;
Firstly about Iowa City, IA, Coordinate is 41.6611277, -91.5301662, weather is and (). Population about 74220 and
about 28843. May be you need
this information, Area code of Iowa City, IA is 319.
Secondly about Tulsa, OK, Coordinate is 36.1539761, -95.9927913, weather is and (). Population
about 403505 and households
about 163519. May be you need
this information, Area code of Tulsa, OK is 918.
* Weather information on route, provide by Open Weather Map.
* The total population living within the city limits, using the latest US census 2014 population estimates. The
total number of households within the city limits using the latest 5 year estimates from the American Community
All Rights Reserved. © 2010 - 2016 Feedback


text:
Since it was first established, Roman has developed a strong identity as a design led and fashion forward retailer. Our business is fast paced, exciting and aspirational, with our passion and enthusiasm reflected in the brand.
" Jacket length " Sleeve length
This flattering jersey skirt is perfect for the office or a night out. Featuring chic PU pocket detailing and a flattering A-line shape, team with a roll neck top, tights and boots to complete your look.


text:
Skip to Content
The World's Greatest Music
Email the show or Text 61812
Take a look at our epic list of the best classical music recordings, complete with download links. Find out which artists, which works and which recordings are essential to your collection!
Dvorak's wild and stormy orchestral works are given huge colour and scope by Pesek's assured direction of the RLPO.
Powered by Facebook


text: Hi, When my LCD projector is showing a completely black screen, or a very dark scene in a film, there's a part of the picture at the top right which looks like a dark blue 'haze'. The effect is about 6" in diameter and is roughly circular. Any ideas as to what this could be? Thanks


text:
Oct 16, 2016
TEL AVIV [MENL] -- Israel has reported the dismantling of another cell linked to Islamic State of Iraq and Levant.
Oct 05, 2016
NICOSIA [MENL] -- Iran has unveiled what it termed a combat unmanned aerial vehicle.
Sep 26, 2016
NICOSIA [MENL] -- Iran has unveiled a ballistic missile with a multiple weapons payload.
TEL AVIV [MENL] -- The Israel Army has faced a crisis amid a growing shortage of mid-level commanders.


text:
Front Page Sllder
Lyons' Family Gets a New Home
Click to read more
Come to Lyons and visit with Santa Claus and Mrs Claus!
Click to read more
Number 1,000 for Number 7!
Click to read more
Lyons Holiday Bazaar Dec 3 & 4
Click to read more
LHS Girls Basketball 2016 Seniors
Click to read more
Between Nov. 25 and Dec. 24, each time you shop local in the town of Lyons,
save your receipts, put them in an envelope with your name & phone number,
and drop it off by Dec. 31 at the following locations:
Lyons ReRuns, St. Vrain Market, or Lyons Physical Therapy.
The three people who collect the most receipts will win gift cards
from The Corner Studios, Living Arts Exquisite Floral Designs or The St. Vrain Market.
Dear Lyons Community,
On behalf of the Board of Trustees I would like to express our sincere gratitude to Jacque Watson for her many years of dedicated service to the citizens of Lyons. Jacque has played an integral role in economic development, historic preservation, and in managing the construction permitting
For the past forty-two years Lyons area shoppers have supported local artists, crafters, foodies, and musicians by shopping at the annual Lyons Holiday Bazaar. It's always the first weekend in December, and is held in the gym of the Lyons Elementary School. This is one of the only craft fairs
Guest Editorial
By Mayor Connie Sullivan
One of the more challenging aspects of this flood recovery has been finding new locations for critical facilities such as public works building, and housing.
The Lyons High School volleyball team qualified to go to the State playoffs and were seeded fifth. Their opening match last Friday, November 11, was against Colorado Springs School (25-3 record) Kodiaks who were the fourth seed. For most of the young Lyons' squad, this was their first experience


text:
By continuing to use the site, you agree to the use of cookies.
X Find out more
Arts & Crafts
Baby & Toddler
Performing Arts
Other Clubs and Classes (e.g. Cookery, language)
Show clubs and classes by weekday
Term Time?
A unique physical development, music & sensory programme especially developed for babies from birth - the baby and toddler is at the heart of everything we do.
Award winning physical development and sensory program all linked to the EYFS.
Baby Sensory classes in Bolton, Tuesday morning and Wednesday throughout. Ran by Donna Schofield. For ages 0-13 months.
Add a free Families listing or upgrade to a Premium listing for just £18 a month.
Get family adventures delivered to your inbox
Manage your Families Locations, email preferences, listings and events in your profile.


text:
1. Select Size
2. Select Quantity
Manchester United 1973 Retro Home Shirt with No 7 This shirt was worn by Manchester United and Northern Ireland legend George Best. The shirt is available with the players infamous No 7 embroided on the back. Features include: - Full colour embroidered crest - Machine washable Composition: 100% Cotton
More delivery information
More returns information
Accepted Payment Cards


text:
Central vac, laundry room, den office, 1 2 bath on main, formal living and dining rooms, gas fireplace in the family room, and a pantry and small built in desk area in kitchen breakfast area. Huge master bedroom bath with jetted tub, large shower, dual sinks, and a walk-in closet. Enormous 4th bedroom could be used as media game room! Fenced yard with a sprinkler system. Two-car garage. Owner to use storage shed in back yard for personal belongings. Great location in desirable Bethany! Walk to Hansen Ridge Park, Cedar Mill Library, grocery, stores, and more, SCHOOLS: Jacob Wismer Elementary,...
Stoller Middle School, Westview High, Directions: Bethany to Mitchell, East to 153rd, North 1 block to Channa, Application Fee: $50 per adult anyone 18older, County: Washington, Lease Terms: 12 months. We require you to the exterior of the property in person before we will schedule a viewing. Our application process includes, but is not limited to-, Credit, criminal and eviction check for all tenants 18 and older, Rental history verification for all applicants applying, Verifying your combined household income is at minimum three times the rent amount, Pets possible with increased deposit and approval: the secure deposit will be increased by $500 per approved pet, with a maximum of two pets. Proof of Renters Insurance will be required before move-in. To complete the application process, please send us copies of your ID pay stubs and go to the PayPal page on our. to pay your application fee. Fax: Email: for application documents o y, footage is approximate.
|Rental Fee
|Property Type
|Single-Family Home
|Not available
|3,133 sq. ft.
|Pets Allowed
|Please inquire
|Please inquire
|Direct Link
|Listing Added
|6 days ago
1 Year Lease
Single-family home located at NW Channa Dr in Portland, OR 97229 has 4 beds, 2.5 baths, 3,133 square feet and available to rent for $2,695. NW Channa Dr was listed on RentalSource 6 days ago by Cynthia Craig. NW Channa Dr is in zip code 97229 which is located in Portland, OR. The rental price of $2,695 is 7% lower than the average rental price of $2,898 for homes for rent in 97229 and 12% higher than the average rental price of $2,416 for homes for rent in Portland, OR.Report listing | Visit website
Beware of rental scams! Situations involving wire transfers or a landlord who can't meet you in person can be red flags.
All information listed is provided by third parties and is deemed reliable, but should be independently verified. Price and specifications are subject to change without notice. RentalSource provides this service without representations or warranties of any kind either expressed or implied.


text: The only reason I gave them a 3 star rating was for their support of animals. Hower, I found those that were working in their relinquish department extremely rude. We had to take our cat in for adoption because we were moving and couldnt take with us. After telling us there was a$25 fee to relinquish our rights, we told the 2 ladies we didn't have it because we just spent most of our money on moving. There were several other people in line behind us when they asked 'have you got $10? $1? ten cents? We kept saying we just have i at this time? Then they asked us if we had a debit or credit card? When we said we don't have it, we meant it. Asking these questions in front of all these people was 'extremely embarrassing'. They need to be trained more on their manners with the public.


text:
Discussion in 'iPod touch' started by gex00, Apr 17, 2010.
Im just curious on how durable the earphones of the ipod touch is
The standard ones? They can withstand daily use, but not severe mistreatment.
Mines went in the washing machine twice and they still work perfectly...
But many people complain on how weak they are...
Yea, surprisingly the washing machine is a good way to clean them
Separate names with a comma.


text:
The first time I bought this lipstick, it was on super clearance as out neighborhood Albertson's was closing down. After I fell in love with it, I learned that Max Factor cosmetics are no longer sold in US stores. I was so disappointed!! This lipstick is a beautiful bright pink, and it stays on ALL day, sometimes I even wake up in the morning and my lips are still a hint of pink. After searching ebay, amazon, and various other online stores, I found this 4 pack of lipsticks for $$$ plus .99 shipping - what a deal! Everywhere else it was $6-9 with $4 shipping...and I was almost tempted to buy it from there anyway, THAT'S how AWESOME this lipstick is!! If you love pink lipstick, or are looking for a great color that will last through drinks, dinner, and smooches, you have GOT to buy this!Read More
This was the fastest service ever of an order. I can't find this Max Factor lipstick in the store anymore, so I'm very happy I found it on your webpage. Thank you.Read More
Max Factor #16 Ms. Understood Vivid Impact Lipcolor (Pack of 4)
Today: $20.99
Shop Overstock™ and find the best online deals on everything for your home and your family. We work every day to bring you discounts on new products across our entire store. Whether you're looking for memorable gifts or everyday essentials, you can buy them here for less. Not just anyone's mobile outlet, your mobile outlet.O.com ® Ethical Pricepoints ™


text:
So much for Ohio State's march toward an undefeated season and a possible national championship. The Miami Hurricanes closed the book on those dreams this afternoon with a 23-12 victory in the Kickoff Classic at Giants Stadium.
The Hurricanes, No. 12 in the Associated Press poll, and the No. 9 Buckeyes both entered this game with grand ideas of what the season held. Miami left with its plans intact, and with one of its biggest victories since it was put on probation in 1995 and began a long climb back to the top ranks of college football.
Ohio State, on the other hand, will have to go back to the drawing board and find a way to eliminate mistakes, turnovers and a lack of execution around the goal line.
''We need a lot of work,'' Ohio State Coach John Cooper said. ''We've got a long way to go before we can have the type of football team we're accustomed to having at Ohio State.''
Cooper cited poor tackling, poor pass protection, poor execution in the running game and ineffectiveness in the kicking game. Ohio State's first four trips inside the Hurricanes' 20-yard line produced one touchdown, two field goals and a missed field goal. On an afternoon when both teams were committing mistakes in bushels, those missed opportunities for more touchdowns haunted the Buckeyes.
''If we don't play better, we're not going to beat U.C.L.A.,'' Cooper said, speaking of the Buckeyes' next opponent. ''The good thing is we have two weeks to prepare for U.C.L.A.''
Miami's young quarterback, Kenny Kelly, who made his first start before a crowd of 73,037, was able to shake his opening-game jitters and overcome his mistakes -- four turnovers -- with some big plays in crucial situations. He completed 17 of 25 passes for 245 yards, with 2 interceptions and a touchdown pass, and rushed for a touchdown on a beautifully executed bootleg.
Ohio State rotated between two young quarterbacks, Austin Moherman and Steve Bellisari. Moherman seemed to get settled in during the first quarter, but his rhythm was broken after he was replaced for a time by Bellisari in the second period.
Another factor was Miami's team speed. Safety Al Blades chased down Buckeyes running back Michael Wiley after a 69-yard gain and tackled him at the 10-yard line. Ohio State had to settle for a field goal. On offense, Hurricanes receiver Santana Moss made an adjustment on an underthrown pass near the end of the first half, caught the ball and outran the entire Ohio State secondary for a 67-yard touchdown play.
''Those guys were fast in spots,'' Moss said of the Buckeyes. ''We're an explosive team with speed everywhere, linebackers, offensive linemen, defensive backs, running backs, receivers. We killed them with a whole team chemistry of speed.''
That was one thing that pleased Miami Coach Butch Davis. Some others: his young quarterback had held his poise and come out fine against a big time, Big Ten defense in a nationally televised game. His lead running back, James Jackson, had rushed for 102 yards and the backup, Najeh Davenport, had picked up 83 yards. His defense, under the new defensive coordinator, Greg Schiano, had shut down Ohio State's vaunted rushing attack, holding Wiley to 81 yards on 9 carries -- even though Wiley picked up 69 yards on the one run.
The Miami defense also kept Moherman and Bellisari in check. Moherman was sacked three times and threw two interceptions against one touchdown pass, and Bellisari was 1 for 1 for minus-3 yards passing, fumbled a snap and had two carries for minus-11 yards.
Kelly, who plays in the Tampa Bay Devil Rays' minor league system, threw two interceptions and twice lost fumbles after being hit from the blind side. But he managed to shake off the mistakes long enough to come up with some crucial plays when the Hurricanes needed them.
''This was a great learning experience for Kenny Kelly,'' Davis said. ''There's no substitute for going out and playing. I think he learned more today than he did in his previous two years at Miami.''
Davis added: ''We don't win this football game without some of the the plays he made today.''
Cooper and Davis agreed that the key play was the touchdown pass to Moss. Holding a 15-9 lead and with a first down at the Hurricanes' 33-yard line, Kelly fired a deep pass. ''I knew Santana has a lot of speed,'' Kelly said. ''I was expecting him to run past his guy. I just put it up.''
Unfortunately, the pass didn't have enough loft. The wind caught it and it hung in the air. After running past the Ohio State safety and cornerback on the right side of the field, Moss came back for the ball and caught it. The rest was a blur, as he cut up field and ran into the end zone. With eight seconds to play in the half, the Hurricanes had a 23-9 lead and Ohio State was sunk.
Miami came out in the second half and made an adjustment, running right at the Buckeyes' defense, which was one of the toughest in college football against the run last year.
But the Buckeyes were missing two starting linebackers for this game: Chris Kirk, who was academically ineligible, and Courtland Bullard, who was suspended for one game for violating team rules.
In the fourth quarter the Hurricanes had a Buckeye-like 17-play, 79-yard drive that consumed 7 minutes 39 seconds and sapped Ohio State's energy. They missed a field goal at the end of the drive, but it didn't matter. Ohio State was out of the game by then.Continue reading the main story


text:
Following last weekend's world title action, we have updated our professional boxing world champions list. The main movers last weekend were Scotland's Ricky Burns who captured the WBA (Regular) world super-lightweight title by stopping Italian Michelle Di Rocco, and also Liverpool's Tony Bellew - who won the WBC crusierweight title by knocking out Illunga Makabu at Goodison Park in front…
Has Decision To Let Pro Boxers Fight At Olympics Being A Flop?
The move to allow pro boxers fight at Olympics 2016 was questioned right from the get go since it's introduction and now with all three male pro fighters out of the tournament early on, further questions are now being raised on whether it is something we will see again.
All three professional boxers to qualify for this year's tournament, Italy's Carmine Tommasone, Cameroon's Hassan N'Dam and Thailand's Amnat Ruenroeng were all eliminated fairly quickly in the Rio Olympics.
Coming into the tournament, many had thought that they would have an unfair advantage being professional prize fighters competing against what was perceived by some as 'amateurs' who would not stand a chance.
How wrong they were though.
Granted, the three above mentioned fighters are not pound for pound rated professional pugilists competing at the very highest level of boxing, but one was an ex-world champion and the other an ex-word title challenger.
They were no mugs.
Their elimination proved that indeed the 'amateurs' were far from what the term might bring up for some when compared to the term 'professionals'.
The proof as they say was "in the pudding."
Fighting without head guards in this year's games was another move seen by many to slowly but surely professionalise what amateur boxing once was in the past.
The fears are that if amateur boxing was done away with in terms of how it used to be run and if one day more professionals would be found competing in amateur boxing tournaments, that the sport could become even more fragmented than it already is – and even adversely affect the grass roots level of the game.
Young men and women starting out in boxing aspire to win Olympic gold and if they do turn pro, then chase the world champion dream that so few ever get to achieve (all current professional boxing world champions can be found here).
They are two different sports completely, essentially pitting sprinters against marathon runners due to the vast difference in time format that both codes operate under for their respective athletes.
Whether or not this trend in amateur boxing continues remains to be seen, but it could be hard to reverse now that the wheels are more or less in motion.


text:
Interactive: Neil Armstrong's view of the Moon
- From: News Corp Australia Network
- August 28, 2012
NEIL Armstrong, the first man to walk on the moon, died on the weekend, aged 82. Take a look at what he saw on the Moon and our interactive of his life.
Hans Nyberg stitched together the panorama from photographs taken by Neil Armstrong when he went on his historic moon walk.
Since Armstrong took most of the photos, he only appears in a few images on the moon.


text:
Thanks for visiting EdgeTuner.com! We're your one stop destination for the Snowboard Tuner you need! Start with Snowboard Tuning Kits as well as Ski Tuning Kits. No matter what your needs are you will be able to find the right products, accessories, colors and brands at the lowest prices online here at EdgeTuner.com. It is our goal to ensure that your shopping needs are met and to provide you with the widest selection available online! Start shopping securely and safely online at EdgeTuner.com. Please come again!
This widget is intended to help you find an online store to buy what you're looking for! Using the search box above, type in the kind of product you want to buy.
The widget will populate with stores that may have what you want. Happy Shopping!


text: INTRODUCTORY ESSAY. 207 which divides Kunawar from Tibet,, is 18,300. To the north, the pass leading from Kunawar into Piti " the Hangarang, 14,800. Those to Upper Piti are much more lofty. � The bed of the Satlej ascends from about 4000 feet in Lower Kuna- war, to 8000 or 9000 feet at the upper extremity of the pro- vince. As a whole the province is very dry, compared with any to- the southward and eastward of it, being intermediate in this respect, as it is in geographical position, between the Tibetan and Cis-Himalayan provinces, and its flora i& conse- quently comparatively poor in number of species. Owing-^o the dryness of its climate, Kunawar is sometimes selected as a retreat from the rains of Simla; and the village of Chixri, devated about 7000 feet, has thus been often visited. Plants from this province and the adjacent districts of Tibet are fre- quently said to be gathered in Chinese Tartary,�an unmean- ing term, and one which should be disused in geographical and botanical works. Owing to the rapid transition from the climate of the humid parts of the Simla province to that of Kunawar, we have few instances" to record of eastern, forms finding their limits here: amongst which there are, perhaps, Berbers aristata, Cassiope fastigiata, Potentilla jruticosa, P. eriocarpa, and P. amUgua; and no doubt some others lurk in the more humid and shaded situations. On the other hand, many remarkable western and Siberian forms make their appearance in Kunawar, which advance no farther east. As� Clematis parvifolia Quercus Hex* Hubus purpureus. Salk acuttfolia. Diantkus. Alnus nitida. Paliurus Pinus Gerardiaw. Eremurus JBieberstewii. Whilst many species, which have been hitherto known only as natives of the dry Tibetan climate at the heads of the Hira*- layan rivers, become prevalent features in the flora. The first remarkable local transition in the vegetation is


text:
Live Webcasts
Quartermile Productions Archives https://livestream.com/accounts/2071963 https://www.youtube.com/channel/UCJXBkJID5npTl51ee5F1TPw
Event Photos
Kathryn Rau Photos: http://www.klrpictures.com/2016-ANRA-Season-Opener-Saturd Darrell & Pam Conrad Photos: http://www.dragstripiron.com/ Victor & Jeff Archer Photos: email@example.com Terry Bert Images: http://www.terrybertimages.ifp3.com/site/
Race Day Policy
Firework policy for ANRA races: No fireworks will be allowed at ANRA races at Auto Club Famoso Raceway. Don't bring them if you want to race.
Butch's Corner
Thoughts and important information from ANRA's Head Honcho and all around nice guy, Butch Headrick. Attention In The Pits! (I've always wanted to say that.) Big thank you to everyone that came


text:
BROOKLYN - The New York City Transportation Union, Local 100, has endorsed Sen. Bernie Sanders as the 2016 Democratic presidential nominee Wednesday.
TWU officials made the announcement Wednesday morning, greeting Sanders with cheers and applause, calling him "the jolt America needs for blue collar workers."
The union is made up of more than 40,000 workers who help keep the millions of New Yorkers who rely on mass transit moving every single day.
Sanders spoke about fighting for equal pay for men and women and also talked about re-building the country's crumbling infrastructure.
He says if elected, he intends to pass a $1 trillion bill to re-build much of the country's infrastructure.
If passed, Sanders says the bill will create 13 million jobs across the country.
Sanders also joined Verizon Wireless union workers who picketed in New York Wednesday amid an East Coast strike among landline and cable workers.


text:
School Library JournalGr 3-6-Collard begins each clear and engaging title by introducing one or two scientists working in the field. As he explains their research, he incorporates general information about the topic. Deep Sea focuses on Edith Widder's experiments with bioluminescence and provides basic facts about marine creatures with that characteristic. In the Wild explores the work of wildlife researchers employed by Zoo Atlanta to help save endangered primates. Each well-designed volume has numerous color photographs and suggestions for further information, but most of the Web sites listed are for adults. Collard's Lizard Island (2000) and Monteverde (1997, both Watts), for older readers, include sections on the same scientists featured in Coral Reefs and Rain Forest Canopy. Readers wanting more information on bioluminescence will appreciate the large, striking illustrations in Anita Ganeri's Creatures That Glow (Abrams, 1995; o.p.). Other titles that focus on scientists conducting rain forest experiments include Kathryn Lasky's The Most Beautiful Roof in the World (Harcourt, 1997) and James L. Castner's Rainforest Researchers (Benchmark, 2001). Titles in the "Science Adventures" series are solid choices for collections needing additional or updated information.-Kathy Piehl, Minnesota State University, Mankato Copyright 2006 Reed Business Information.
In the Deep Seaby Sneed B. Collard
Editorial Reviews
Product Details
- 9780761419525
- Publisher:
- Cavendish Square Publishing
- Publication date:
- 09/28/2005
- Series:
- Science Adventures Series
- Pages:
- 44
- Product dimensions:
- 8.20(w) x 10.00(h) x 0.40(d)
- Age Range:
- 8 - 12 Years
Customer Reviews
Average Review:
Most Helpful Customer Reviews
See all customer reviews


text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
Commonwealth Court of Pennsylvania
March 4, 2015
Gbenga A. Oyetayo, Petitionerv.Unemployment Compensation Board of Review, Respondent
Submitted October 3, 2014
Page 1118
Appealed from No. B-560726. State Agency: Unemployment Compensation Board of Review.
Daniel G. Anna, Media, for petitioner.
Sharon W. Glogowski, Norristown, for intervenor County of Montgomery.
BEFORE: HONORABLE BONNIE BRIGANCE LEADBETTER, Judge, HONORABLE PATRICIA A. McCULLOUGH, Judge, HONORABLE JAMES GARDNER COLINS, Senior Judge. OPINION BY SENIOR JUDGE COLINS.
Page 1119
Gbenga A. Oyetayo (Claimant) petitions for review of an order of the Unemployment Compensation Board of Review (Board), in which the Board affirmed the determination made by a Referee that Claimant was ineligible for unemployment compensation benefits under Section 402(e) of the Unemployment Compensation Law[1] (Law) because he was discharged from his employment in the Montgomery County (Employer) Department of Behavioral Health and Developmental Disabilities (Department) for willful misconduct. For the reasons that follow, we affirm.
Claimant filed his initial claim for unemployment compensation benefits on July 3, 2013. (Record Item (R. Item) 2, Internet Initial Claim.) On July 24, 2013, the Unemployment Compensation Service Center issued a determination finding Claimant eligible for benefits of the Law because Employer had not provided information to substantiate that Claimant had violated its rules. (R. Item 5, Notice of Determination.) Employer appealed the determination and a hearing was held before the Referee on September 30, 2013 at which Claimant testified. Additionally, two witnesses testified for Employer at the hearing: the Department's Administrative Officer and the Department's Fiscal Director. In a November 19, 2013 decision and order,
Page 1120
the Referee reversed the Service Center's determination and held that Claimant was ineligible for unemployment compensation under Section 402(e), making the following findings of fact:
1. For the purpose of this appeal, [C]laimant was last employed with [Employer] as a staffing accountant from August 27, 2007 until July 1, 2013.
2. [E]mployer has a policy addressing, " Acceptable Use of Electronic Resources" . The policy defines " acceptable use" of [Employer]'s computers, networks, electronic mail services, and electronic resources. Employees may not use the resources of their office or equipment in aid of or to conduct political or personal activities. Such penalties for policy infractions may include loss of system access and termination of employment. No employee shall misuse personal services and company property. Personal usage of [Employer] materials and equipment are intended to be utilized for official purposes. Personal usage is allowed only if " de minimus " [sic] in nature and reasonable under the totality of circumstances.
3. [C]laimant was aware of [E]mployer's company policy.
4. [C]laimant was scheduled to work the hours of 8:00 AM to 4:30 PM, with a lunch break from 1:00 PM to 2:00 PM and two fifteen (15) minute breaks.
5. On February 1, 2013, [C]laimant was presented with a Progressive Discipline Report and provided with a written warning for his excessive personal phone calls while on company time and use of [Employer] office equipment for personal needs.
6. On April 29, 2013, [C]laimant sent a personal e-mail to his wife at 9:21 AM.
7. On May 20, 2013, [C]laimant sent a number of personal e-mails beginning at 10:01 AM to 10:09 AM; [Claimant] also sent a personal e-mail at 4:20 PM.
8. On May 20, 2013, [C]laimant sent a non-work related email at 10:08 AM to [Employer's] Chief Operating Officer of the company in error.
9. [Employer's] Chief Operating Officer reported the receipt of the claimant's e-mail to [E]mployer.
10. On May 23, 2013, the Administrative Officer of [the Department] interviewed the claimant.
11. [C]laimant denied sending this e-mail to [Employer's] Chief Operating Officer, and does not know whom the person was that sent the e-mail, although it was sent from his computer.
12. The Administrative Officer requested to have the [Employer's] IT Department check the [C]laimant's e-mails [] on May 20, 2013 and the day before to determine whether the e-mail sent on May 20, 2013 was part of another e-mail.
13. The Administrative Officer was provided with a series of e-mails sent [by Claimant] to his wife [and] e-mails [C]laimant's wife sent to him at work.
14. [E]mployer began to determine the disciplinary action [C]laimant is subject to receive for his violation of [Employer's] policy for his misuse of company time and personal use of the [Employer] computer.
15. On May 31, 2013, [C]laimant took off work for a short period of time for military leave.
16. On July 1, 2013, [Employer's Administrative Officer] met with [C]laimant.
17. [C]laimant was presented with a formal letter of termination for his continued misuse of [Employer] equipment and spending excessive work time with non-work related communications.
Page 1121
(R. Item 14, Referee Opinion and Order, Findings of Fact (F.F.) ¶ ¶ 1-17 (emphasis in original).)
Claimant appealed to the Board, and, on February 11, 2014, the Board issued an opinion and order affirming the Referee's decision and order. In its opinion and order, the Board adopted and incorporated the Referee's findings of fact and conclusions and stated:
Additionally, [E]mployer's witnesses offered credible testimony and evidence indicating that [the] February 1, 2013 written warning [issued to Claimant], along with his prior written warning on May 26, 2011, put [C]laimant on notice that [E]mployer would not tolerate unauthorized use of the Internet or performing of any non-[Employer] business during work hours. Considering these prior warnings, [E]mployer reasonably determined that [C]laimant's personal e-mails on April 29, 2013, and May 20, 2013, were excessive and unacceptable.
R. Item 16, Board Opinion and Order.) The Board accordingly affirmed the determination by the Referee denying Claimant unemployment compensation benefits pursuant to Section 402(e) of the Law. Claimant thereafter petitioned this Court for review of the Board's decision and order.[2]
In unemployment cases, the initial burden of proving willful misconduct lies with the Employer. Navickas v. Unemployment Compensation Board of Review, 567 Pa. 298, 787 A.2d 284, 288 (Pa. 2001); Caterpillar, Inc. v. Unemployment Compensation Board of Review, 550 Pa. 115, 703 A.2d 452, 456 (Pa. 1997). Though not defined in the Law, willful misconduct has been interpreted to include: (i) wanton and willful disregard of the employer's interests; (ii) a deliberate violation of the employer's rules; (iii) a disregard of the standards of behavior that the employer rightfully can expect from its employees; and (iv) negligence that manifests culpability, wrongful intent or evil design, or an intentional and substantial disregard of the employer's interests or the employee's duties and obligations. Temple University v. Unemployment Compensation Board of Review, 565 Pa. 178, 772 A.2d 416, 418 (Pa. 2001); Caterpillar, 703 A.2d at 456.
Where a violation of the employer's work rule is alleged to be the basis for termination of employment, the employer must show that the rule existed, that the rule was reasonable and that the claimant was aware of the rule and violated it. Williams v. Unemployment Compensation Board of Review, 926 A.2d 568, 571 (Pa. Cmwlth. 2007). If the employer makes that showing, the burden shifts to the claimant to show good cause for his conduct. Henderson v. Unemployment Compensation Board of Review, 77 A.3d 699, 719 (Pa. Cmwlth. 2013); ATM Corp. of America v. Unemployment Compensation Board of Review, 892 A.2d 859, 865 (Pa. Cmwlth. 2006).
The Board is the ultimate finder of fact and is empowered to make credibility determinations. Doyle v. Unemployment Compensation Board of Review, 58 A.3d 1288, 1291 n.4 (Pa. Cmwlth. 2013). In making credibility determinations, the Board may accept or reject the testimony of any witness in whole or in part. Peak v. Unemployment Compensation Board of Review, 509 Pa. 267, 501 A.2d 1383, 1388
Page 1122
(Pa. 1985); Doyle, 58 A.3d at 1291 n.4. When the Board's findings of fact are supported by substantial evidence, that is such evidence a reasonable mind might accept as adequate to support a conclusion, those findings are conclusive on appeal. Henderson, 77 A.3d at 718; Bruce v. Unemployment Compensation Board of Review, 2 A.3d 667, 671 (Pa. Cmwlth. 2010). However, whether a claimant's actions constitute willful misconduct is a question of law that is fully reviewable by this Court on appeal. Temple University, 772 A.2d at 418 n.1; Caterpillar, 703 A.2d at 456.
On appeal, Claimant argues that the Board's finding that Claimant violated Employer's policy concerning the acceptable use of electronic resources was not supported by substantial evidence. Claimant argues that the personal emails to his wife on April 29, 2013 and May 20, 2013 did not take place over periods longer than 15 minutes and thus were not on company time but instead fell within the authorized 15 minute morning and afternoon break periods in Claimant's schedule. Claimant further argues that his conduct did not constitute willful misconduct because the limited use of his work computer for personal email was reasonable and fell short of the type of conduct required under the Law to disqualify a claimant from receiving unemployment compensation benefits. Claimant contends that the Board's findings of only two instances of personal email use on April 29, 2013 and May 20, 2013 during the four-month period between his last written warning on February 1, 2013 and his last work day on May 31, 2013 constitute such an insignificant amount of personal email use to fall within any reasonable interpretation of the de minimis exception built into Employer's use of electronic resources policy. Claimant also argues that the de minimis exception was vague and did not provide Claimant with sufficient notice of what constituted a violation of that rule.
We conclude that there is substantial evidence in the record to support the Board's findings that Employer maintained a policy limiting the personal use of Employer electronic resources, that Employer warned Claimant on multiple occasions that he was no longer permitted to use Employer equipment to conduct his personal affairs and that Claimant did use work equipment for non-work reasons despite these warnings. Employer's employee handbook, which was submitted as evidence at the hearing, included a policy entitled " Acceptable Use of Electronic Resources," which " define[d] the boundaries of 'acceptable use' of [Employer]'s computers, networks, electronic mail services, and electronic information systems." (R. Item 13, Employer Ex. 1, Supplemental Reproduced Record (S.R.R.) at 61b.) This policy stated that:
This policy is based on the principle that the electronic information environment is provided to support [Employer] business and its mission. Other uses are secondary.... Employees may not use the resources of their office or employment in aid of or to conduct political or personal activities...
By using [Employer] electronic resources you assume personal responsibility for their appropriate use and agree to comply with this policy and other applicable [Employer] policies...
Id.) A separate portion of the employee handbook related to the " Misuse of Personal Services and [Employer] Property" provided that:
[Employer] materials and equipment are intended to be utilized for official [Employer] purposes. Personal usage is allowed only if " de minimus" [sic] in nature and reasonable under the totality of the circumstances, as determined by the
Page 1123
Commissioners, the Chief Operating Officer, or the County Solicitor.
Id., S.R.R. at 73b.) Employer also submitted as evidence a 2012 signed acknowledgement by Claimant of his receipt of the Employee Handbook and being bound by the policies contained therein. ( Id., S.R.R. at 79b.)
On May 26, 2011, the Department's Fiscal Director issued Claimant a written warning for violating Employer policy following an incident in which Claimant used a work scanner to scan personal financial documents. (R. Item 13, Employer Ex. 6, S.R.R. at 111b; R. Item 13, Hearing Transcript (H.T.) at 22-23, S.R.R. at 23b-24b.) The warning stated:
This is a written warning and further clarification of the verbal directive given to you previously. All [Employer] /office equipment is to be used for work purposes only. This includes your computer, the copiers, the scanner, etc...
Any further incidents of this nature will result in further disciplinary action up to and including unpaid suspension and or termination.
R. Item 13, Employer Ex. 6 (emphasis in original), S.R.R. at 111b.) The Fiscal Director again issued a written warning to Claimant regarding the proper use of Employer's resources on February 1, 2013, related to Claimant's non-work related use of the office scanner and his " frequent, loud and long" personal phone conversations that were " disrupting the work environment for others." (R. Item 13, Employer Ex. 6, S.R.R. at 116b; R. Item 13, H.T. at 21-22, S.R.R. at 22b-23b.) The February 1, 2013 warning provided for a " Performance Improvement Plan" that called for " [g]reatly reduced personal phone calls" and " [n]o use of [Employer] office equipment for personal needs." (R. Item 13, Employer Ex. 6, S.R.R. at 116b.) Claimant acknowledged at the hearing that he had received these disciplinary actions and was aware that he could be terminated for continued personal use of Employer's resources. (R. Item 13, H.T. at 29, 33, S.R.R. at 30b, 34b.)
Employer also presented evidence regarding a written warning issued to Claimant on March 17, 2008 regarding Claimant's " [a]buse of [t]ime," including Claimant's " [u]nauthorized use of the internet and conducting [non-Employer] business during working hours." (R. Item 13, Employer Ex. 6, S.R.R. at 121b-122b; R. Item 13, H.T. at 25, S.R.R. at 26b.) This warning advised Claimant that while he was permitted to conduct non-business matters during his breaks, " [c]ontinued abuse of this privilege will result in a zero tolerance policy of [non-Employer] business in this office." (R. Item 13, Employer Ex. 6, S.R.R. at 122b.) The Fiscal Director also testified that he had personally spoken to Claimant regarding his use of work time for personal affairs " [p]retty much...during his entire time of employment, in levels from just friendly reminders, requests, up to the three writings." (R. Item 13, H.T. at 26, S.R.R. at 27b.)
The record also demonstrates that Claimant sent personal emails from his work computer to his wife on April 29, 2013 and May 20, 2013 and that on May 20, 2013 he also accidentally sent a non-work related email to Employer's Chief Operating Officer at a nearly identical time and with an identical subject line as emails sent by Claimant to his wife. (R. Item 13, Employer Ex. 5, S.R.R. at 86b, 100b-101b, 103b-105b, 107b.) During his testimony, Claimant admitted to sending the personal emails to his wife and he explained that he sent brief emails to her to reduce the time of their telephone conversations; the only email that Claimant did not admit to sending was the email received by the Chief
Page 1124
Operating Officer, the origin of which he could not explain even though it was sent from his email address. (R. Item 13, H.T. at 29-34, S.R.R. at 30b-35b.) In addition to the emails specifically cited by the Referee and the Board, the record contains numerous other emails from April and May of 2013 that were clearly personal in nature, as well as various emails that relate to a non-work related travel agency business that was operated by Claimant. (R. Item 13, Employer Ex. 5, S.R.R. at 83b-99b, 101b.) Accordingly, because the findings that Claimant engaged in the personal use of Employer's electronic resources in violation of Employer's work rules are supported by substantial evidence, these findings are conclusive on appeal.
The Board's determination that Claimant's conduct constituted willful misconduct under the Law was also well founded. Here, Employer warned Claimant that using his work equipment for personal reasons could lead to further discipline or termination and Claimant persisted in doing so despite these admonitions. While Claimant is correct that Employer's policy related to the use of electronic resources permitted employees to engage in de minimis and reasonable personal use and during lunch and break periods,[3] the Board found that Claimant was " put...on notice" through written warnings of February 1, 2013 and May 26, 2011 " that [E]mployer would not tolerate unauthorized use of the Internet or performing of any non-[Employer] business during work hours." (R. Item 16, Board Opinion and Order, S.R.R. at 126b.) Thus, while an employee at Employer would normally be permitted to engage in the occasional use of his work computer for personal email, Claimant was not a normal employee; instead the Board found that Claimant had been issued written warnings that directed him not to engage in any unauthorized use of Employer's resources for personal reasons. Claimant's argument that his personal email use fell within the de minimis exception therefore fails because Employer had advised Claimant that his prior personal use of Employer's resources had exceeded what was allowed and any future use would be seen as a violation of Employer's rules.
There is no question that Claimant's conduct was not merely negligent but rather of an intentional and deliberate nature. Grieb v. Unemployment Compensation Board of Review, 573 Pa. 594, 827 A.2d 422, 426 (Pa. 2003). Moreover, this Court has on numerous occasions determined that a claimant's use of work time to engage in personal affairs without authorization was willful misconduct even where not prohibited by a specific work rule because it was contrary to reasonable standards of behavior that an employer can expect from its employees. See, e.g., Pettyjohn v. Unemployment Compensation Board of Review, 863 A.2d 162, 165 (Pa. Cmwlth. 2004) (holding that access of internet for personal reasons during working hours after being advised not to constituted willful misconduct); Baldauf v. Unemployment Compensation Board of Review, 854 A.2d 689, 692 (Pa. Cmwlth. 2004) (holding that the claimant engaged in willful misconduct by accessing personal email and non-work related websites while being paid to work); Wetzel v. Unemployment Compensation Board of Review, 29 Pa.Cmwlth. 195, 370 A.2d 415, 417 (Pa. Cmwlth. 1977) (holding that the claimant, whose employment
Page 1125
was terminated for crocheting at work despite several warnings not to do so, had engaged in willful misconduct). Furthermore, " [a] conclusion that the employee has engaged in disqualifying willful misconduct is especially warranted in...cases where...the employee has been warned and/or reprimanded for prior similar conduct." Ellis v. Unemployment Compensation Board of Review, 59 A.3d 1159, 1163 (Pa. Cmwlth. 2013) (quoting Department of Transportation v. Unemployment Compensation Board of Review, 84 Pa.Cmwlth. 364, 479 A.2d 57, 58 (Pa. Cmwlth. 1984)). Accordingly, because Claimant knowingly violated Employer's work rule and because Claimant has not put forward any argument that he had good cause for violating the work rule, we hold that the Board did not err in concluding that Claimant was ineligible for benefits due to willful misconduct.
Claimant's final argument is that the Board acted inappropriately by failing to provide him with a copy of the certified record of the proceedings before the Board that was transmitted to this Court for this appeal. However, Claimant cites no authority which imposes an affirmative duty on the Board to send a claimant a copy of the record at the same time as it is sent to this Court. Instead, the applicable Board regulations provide that " [i]n the event of an appeal from the decision of the Board to the Commonwealth Court, a party may request a transcribed copy of the record of the testimony, and it shall be furnished without charge." 34 Pa. Code § 101.71 (emphasis added). The Board's regulations further provide that:
When an interested party or his representative requests information from the file of the Board in order to present and maintain the issues...in an appeal to the Court, such information (including the hearing transcript, where the record has been transcribed) shall be made available at a reasonable time to the party and his representative, without charge,...for examination, copying and making notations therefrom.
34 Pa. Code § 101.54(b) (emphasis added). As there is no allegation that either Claimant or his attorney requested a copy of the record from the Board and the Board denied such a request, the Board did not act inappropriately or deny Claimant his due process rights by failing to send Claimant a copy of the certified record.
The order of the Board is affirmed.
AND NOW, this 4th day of March, 2015, the Order of the Unemployment Compensation Board of Review in the above-captioned matter is hereby AFFIRMED.
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text:
$2,000.00 5 months ago
2008 Acura TSX - price lowered - $2000 (Parkersburg WV) hide this posting restore this posting
The car has a little over 103,000 miles on it and runs as if it was brand new. I just recently changed the alternator because the car has a car computer in it
5 months ago
Huntington, KY
$2,000.00 6 months ago
05 Acura TSX leather interior in good - $2000 hide this posting restore this posting
Nice automatic 2005 Acura TSX with 144000 miles on it. Has leather interior in good condition and equipped with navigation.
6 months ago
Janesville, WI