Grad v. Commonwealth, Unemployment Compensation Board of Review
Grad v. Commonwealth, Unemployment Compensation Board of Review
Opinion of the Court
Opinion by
In this unemployment compensation appeal, the claimant questions a denial of compensation by the Unemployment Compensation Board of Review, which affirmed a referee’s decision denying benefits to the claimant on the basis that the claimant was not able to work or available for suitable work.
Jonathan Grad, employed by Country Miss, Inc. as an assistant controller for five months until October 26, 1979, apparently requested and received a thirty-day leave of absence
The claimant’s supervisor testified that he had offered the claimant an alternative position in the accounting department during a phone conversation in January or February 1980, but that the claimant refused the position.
QEL: You requested . . . Februray 19th . . . you requested an additional leave of absence. During that conversation, you, he told you about coming back to work did he not? That there was this position available?
AC: It’s very possible that that was the time. Yes.
In leave of absence cases, an initial determination must be made as to the voluntariness of the separation. Wincek v. Unemployment Compensation Board of Review, 50 Pa. Commonwealth Ct. 237, 412 A.2d 699 (1980). Despite some language which indicates otherwise, the referee apparently determined that the claimant’s leave was involuntary, because he refused to base his decision on Section 402(b)(1) of the Unemployment Compensation Law, the voluntary quit disqualification.
Here the referee concluded that the claimant’s “pressing personal problems” rendered him unavailable for work. Moreover, we believe that the undisputed fact of claimant’s refusal of the employer’s offer of work in January or February of 1980 is decisive on that issue, even though there may have been a reduction in rank or salary. Eichman v. Unemployment Compensation Board of Review, 49 Pa. Commonwealth Ct. 21, 409 A.2d 1389 (1980) (rejection of suitable work because it amounted to a 55% reduction in gross weekly wages rendered the claimant ineligible for benefits).
Accordingly, we affirm the decision of the Unemployment Compensation Board of Review denying benefits to the claimant.
Order
Now, May 20,1982, the order of the Unemployment Compensation Board of Review, No. B-183706, denying benefits to the claimant, is affirmed.
Section 401(d) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §801(d). Section 401(d) provides in pertinent part:
Compensation shaU be payable to any employe who is or becomes unemployed, and who—
(d) Is able to work and available for suitable work.
As required by the company handbook, the claimant requested an extension of his leave at least five days before it expired; the employer granted a thirty-day extension on November 21, 1979, a second extension on December 28 for a period of sixty days and a third extension of indefinite length in Februray 1980.
The record indicates that the claimant had been frequently late for work and had taken excessively long lunches. The claimant’s supervisor testified that the claimant had been unable to perform his work satisfactorily during this time.
The claimant attempted to testify that the proffered position carried one-half the salary of his former job, but this statement was objected to as hearsay by the board’s attorney and excluded, so no proof of the salary amount is in the record.
43 P.S. §802(b) (1).
Reference
- Full Case Name
- Jonathan M. Grad v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review
- Cited By
- 1 case
- Status
- Published