Wentovich v. Commonwealth
Wentovich v. Commonwealth
Opinion of the Court
Opinion by
Joyce Wentovich (claimant) appeals here from an order of the Unemployment Compensation Board of Review (Board) which affirmed a referee’s determination that she had voluntarily terminated her employment without a necessitous and compelling reason and that she was consequently ineligible for unemployment benefits under Section 402(b)(1) of the Unemployment Compensation Law (Law), Act of December 5, 1936,
The claimant was last employed as a waitress at a restaurant owned by Vince Caljean (employer). On May 17, 1979, the employer requested that she no longer eat lunch at a neighboring, competing restaurant. The Board found that after the employer made the request the claimant left work and did not return. She contends in this appeal that she was discharged and did not voluntarily terminate her employment, or, in the alternative, if she did voluntarily quit, she contends that the employer’s request was unreasonable and amounted to a compelling cause for her to quit.
Because the Board’s finding that the claimant voluntarily terminated her employment is supported by substantial evidence, it must be affirmed. Westfall v. Unemployment Compensation Board of Review, 32 Pa. Commonwealth Ct. 619, 379 A.2d 1389 (1977). The evidence shows that the employer did not force the claimant to resign, but rather, as the claimant testified: “He told me if I did not like the snack bar there to ... if the [employer’s] snack bar wasn’t good enough for me to eat there, I should seek new employment. I was very upset.” Other evidence shows that after this reprimand the claimant simply left work and did not return. We recognize that when an employer recommends that an employee terminate his employment and uses language having the immediacy and finality of firing, the consequent resignation is not considered a voluntary termination. Sweigart v. Unemployment Compensation Board of Review, 47 Pa. Commonwealth Ct. 421, 408 A.2d 561 (1979). Clearly, however, the employer's request in this case did not amount to a demand for the claimant’s resignation. When the claimant did not return to work, therefore, she voluntarily terminated her employment.
We will therefore affirm the Board’s order.
Order
And, Now, this 11th day of February, 1981, the order of the Unemployment Compensation Board of Review in the above-captioned case is affirmed.
Reference
- Full Case Name
- Joyce Wentovich v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review
- Cited By
- 1 case
- Status
- Published