Forty v. Commonwealth, Unemployment Compensation Board of Review
Forty v. Commonwealth, Unemployment Compensation Board of Review
Opinion of the Court
Opinion by
The petitioner asserts that the Unemployment Compensation Board of Review (Board) erred by denying her unemployment benefits on the grounds that she had voluntarily terminated her employment without cause of a necessitous and compelling nature.
The referee found
The petitioner asserts that the referee’s finding that she left her job a second time was not supported by substantial evidence because she had in fact been prevented from returning to work by her supervisor.
The petitioner testified that when she returned to work, other employees were performing her duties:
And [the owner’s] father saw me coming and he said no Dee, you left. I said yes but your son called me up and told me to come back. And he said he embarrassed me. I felt so embarrassed the way he said it. That I left again and said well I’ll go back home and either I’ll get back to him or he’ll call me.
This testimony is not so compelling as to require a finding that the petitioner was ordered to go home, and we see no error in the referee’s finding on the basis of this testimony that she left her employment voluntarily.
We will therefore affirm the denial of benefits.
And Now, this 21st day of July, 1982, the order of the Unemployment Compensation Board of Review in the above-captioned matter is affirmed.
Section 402(b) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937 ) 2897, as amended, 43 P.S. §802(b).
The Unemployment Compensation Board of Beview adopted the opinion of the referee.
Our examination of the record also reveals that the petitioner was instructed by the owner to talk to him when she returned to work. She failed to do so after encountering the owner’s father and we believe that such failure demonstrates a lack of effort on her part to maintain the employment relationship.
Especially in light of the fact that she had earlier left the workplace without notice or explanation to her employer.
Reference
- Full Case Name
- Dolores A. Forty v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review
- Cited By
- 1 case
- Status
- Published