Bonenberger Unemployment Compensation Case
Bonenberger Unemployment Compensation Case
Opinion of the Court
Opinion by
This is an unemployment compensation case in which the bureau, the referee, and the Unemployment.
The claimant was employed as a sewing machine operator by M. Janowitch & Sons, Mahanoy City, Pennsylvania. On October 28, 1949, she ceased her employment with that company to act as a housekeeper for a party in Elizabeth, New Jersey, where, being dissatisfied with her working conditions, she remained less than a day.
The Board found that claimant had voluntarily terminated her employment with M. Janowitch & Sons on October 28, 1949, and that she was disqualified under the provisions of section 402 (b) of the Unemployment Compensation Law of December 5, 1936, P.L. (1937) 2897, §402, as amended by the Act of June 30, 1947, P.L. 1186, §2, 43 PS §802 (b).
Section 402 (b) provides that an employe shall be ineligible for compensation for any week in which his or her unemployment is due to voluntarily leaving work without good cause.
Claimant contends that the findings' of the Board are unjustifiable and are not supported by the testimony in the record, and that claimant did not voluntarily terminate her employment, but upon returning to work, after leave of absence, was informed that there was no work available.
Claimant asserts that she was given leave of absence by her employer, M. Janowitch & Sons, in order that she might take the housekeeping position as a trial effort.
The factual issue that claimant had been granted a leave of absence has been resolved against claimant. See Smith Unemployment Compensation Case, 167 Pa. Superior Ct. 242, 74 A. 2d 523. It is true that claimant testified: “Q. From whom did you obtain a leave of
Claimant’s testimony to the effect that she was granted a leave of absence or that the state of her health was the reason for leaving M. Janowitch & Sons was obviously not believed by the Board. Claimant’s testimony was contradictory. The Board accepted, as it had the right to do, the testimony to the effect that she voluntarily terminated her employment with M. Janowitch & Sons, and that there was no good cause for so doing. The testimony clearly supports such finding and conclusion of the Board. See Smith Unemployment Compensation Case, supra, 167 Pa. Superior Ct. 242, 74 A. 2d 523; Tronieri Unemployment Compensation Case, 164 Pa. Superior Ct. 435, 65 A. 2d 426; Blum Unemployment Compensation Case, 163 Pa. Superior Ct. 271, 274, 60 A. 2d 568; Hall Unemployment Compensation Case, 160 Pa. Superior Ct. 65, 49 A. 2d 872.
Decision of the Board is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.