Mahaffey Unemployment Compensation Case
Mahaffey Unemployment Compensation Case
Opinion of the Court
Opinion by
James E. Mahaffey was employed as a sales manager by Photo-Marker of Pennsylvania, Inc., 123 East 4th Street, Williamsport. His last day of work was December 7, 1957. His application for benefits was disallowed by the Bureau, Referee, and Board of Review, on the ground that his unemployment was due to voluntarily leaving work without cause of a necessitous and compelling nature under Section 402(b) of
Appellant “had a three-state area to cover”, and normally worked out of Williamsport. He was paid on a commission basis with a guaranteed minimum of $85.00 per week, plus $10.00 per day subsistence when he was on the road. In the fall of 1957 appellant was assigned to establish a branch office in Philadelphia. Several months later he informed his employer that he could not “afford to continue going down there every week” without additional compensation for car expenses. He requested $40.00 a week retroactive for three months. The employer offered $20.00 a week without the retroactive feature, but appellant was not satisfied with this proposal.
While appellant now attempts to assert that he was discharged, it is clearly apparent from our examination of the record that appellant voluntarily left his employment, and the Board so found.
On this appeal we must consider the testimony in the light most favorable to the party in whose favor the facts have been found, bearing in mind (1) that
Decision affirmed.
“Claimant was not discharged or laid off, and continuing work was available for him in Philadelphia”.
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