Wagman v. Commonwealth, Unemployment Compensation Board of Review
Wagman v. Commonwealth, Unemployment Compensation Board of Review
Opinion of the Court
Opinion by
According to the Unemployment Compensation Board of Review’s decision, James E. Wagman voluntarily terminated his employment without cause of a necessitous and compelling reason.
After several hearings, the Board found that, although transportation problems could constitute a necessitous and compelling cause for voluntary termination, Wagman need not have quit his job. “He could have tried to remain employed and had his car repaired and then returned to work. Instead he quit his job, had his car repaired and then returned to work.” We agree.
Clearly, the Board was accurate in relating Wag-man’s transportation problems as serious. However, transportation inconveniences must not only be so serious and unreasonable as to present a virtually
Our review of the record reveals that a leave of absence, though not given as a rule, was possible, however no request was made to the employer. In addition, we have consistently held that voluntarily terminating employment because the possibility exists that one might be fired is insufficient to entitle a claimant to benefits. Morris v. Unemployment Compensation Board of Review, 57 Pa. Commonwealth Ct. 616, 426 A.2d 1269 (1981); Hill v. Unemployment Compensation Board of Review, 35 Pa. Commonwealth Ct. 252, 385 A.2d 1032 (1978).
Affirmed.
Order
The Unemployment Compensation Board of Review order, dated November 21, 1979, reinstating the June 29, 1979 decision, is hereby affirmed.
Section 402(b)(1) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex, Sess., P.L. (1937) 2897, as amended, 43 P.S. §802(b) (1).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.