Avros Unemployment Compensation Case
Avros Unemployment Compensation Case
Opinion of the Court
Opinion by
The narrow question here involved is whether a claimant seeking unemployment compensation, who terminates his employment voluntarily, has the burden of establishing good cause for such termination. Claimant, George Avros, was last employed as a cook in the city of Philadelphia by Nick’s Cafe. His last date of employment was November 17, 1956 when he voluntarily terminated his employment because he received a telegram from an employer in Florida, requesting him to re-apply for temporary employment during the winter months. He was not discharged or laid cf. and the evidence clearly shows that continuing employment was available at his last plac<i of employment had he desired to remain.
Upon these facts, the Bureau of Employment Security, the Referee and the Board of Review all rejected the claim for unemployment benefits under section 402 (b) of the Unemployment Compensation Law, as amended, 43 P.S. section 802 (b), which provides, inter alia, as follows: “An employee shall be ineligible for compensation for any week—(b) In which his unemployment is due to voluntarily leaving work without cause of a necessitous and compelling nature—”.
We have held that the termination of the employment relationship must be compelled by "necessitous circumstances." Allen Unemployment Compensation Case, 174 Pa. Superior Ct. 514, 517, 102 A. 2d 195; Sturdevant Unemployment Compensation Case, 158 Pa.
Decision affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.