Thompson v. Unemployment Compensation Board of Review
Thompson v. Unemployment Compensation Board of Review
Opinion of the Court
Mary Thompson (Thompson), pro se, petitions for review of an order of the Unemployment Compensation Board of Review (Board) that affirmed the decision of the referee which disallowed unemployment compensation benefits pursuant to Section 402(b) of the Unemployment Compensation Law
Return to Work: You must notify Personnel of your intention to either return to work or to request a Medical/Personal Leave of Absence at least two (2) weeks prior to the expiration of your approved FMLA. If you do not report to work on your first scheduled work day following the termination of your leave, you will be considered as having voluntarily resigned. Before permission to return to work is granted, you must present to Personnel written certification by your doctor.
Temple issued a notice of worker’s compensation denial on March 28, 1995 from which Thompson filed an appeal. As of May 26, 1995, Thompson had not requested a medical/personal leave of absence nor had she returned to work.
On appeal to this Court
We must first determine whether or not Temple was correct in considering Thompson to have voluntarily resigned. There is no dispute that Thompson was aware of the consequences if she failed to comply with Temple’s policy in a timely manner. Thompson was repeatedly warned by Etsell that it was imperative for her to provide the completed LOA form in order to maintain her employment relationship otherwise she will be considered to have voluntarily resigned. Thompson was given several opportunities to comply but failed to return the completed LOA form within the specified time periods. Thus, Temple did not err in concluding that Thompson had voluntarily resigned.
Where, as here, it has been determined that a voluntary termination has occurred, the claimant bears the burden of proving that necessitous and compelling reasons motivated the decision to leave the employment. Accu-Weather, Inc. v. Unemployment Compensation Board of Review, 160 Pa.Cmwlth. 307, 634 A.2d 818 (1993). Cause of a necessitous and compelling nature is that cause which results from overpowering circumstances which produce pressure, both real and substantial, to terminate one’s employment which would compel a reasonable person to act in the same manner. Quinn, Gent, Buseck and Leemhuis, Inc. v. Unemployment Compensation Board of Review, 147 Pa.Cmwlth. 141, 606 A.2d 1300 (1992). Thompson merely argues that she could not have completed and returned the LOA form because to have done so would have been to “perpetrate a lie” since her physician had released her to return to work as of June 5, 1995. Yet, Thompson did in fact submit a completed LOA form on November 28, 1995, which incidently was more than one month past the last due date given by Temple. We fail to see how her physician’s release, particularly in light of the restrictions imposed therein, prevented her in any way from complying with Temple’s request to complete the LOA form in a timely manner. Thompson fails to identify any overpowering circumstances that produced pressure, both real and substantial, which forced her to voluntarily terminate her employment. Thus, Thompson did not carry her burden of proving that she had cause of a necessitous and compelling nature.
ORDER
AND NOW, this 3rd day of December, 1996, the order of the Unemployment Compensation Board of Review,- dated May 23, 1996, is affirmed.
. Act of December 5, 1936, Second Ex.Sess., P.L. 2897 (1937), as amended, 43 P.S. § 802(b) provides, in pertinent part, as follows:
*2 An employee shall be ineligible for compensation for any week-
(b) In which his unemployment is due to voluntarily leaving work without cause of a necessitous and compelling nature,....
. Thompson claimed that strained relations with her supervisor caused her to experience depression, situational stress and anxiety which precluded her from continuing to work in her current position.
. Thompson’s physician released her to return to work, on a part time basis, as of June 5, 1995, with the restriction that she be "assigned to another department with a new boss.” Thompson alleges that she was informed by Temple on June 6, 1995, that there were no positions available for her at that time.
. Etsell worked for Temple as an Employee Relations Manager.
. At all times herein relevant, Thompson maintained a post office box in Newtonville, N.J. as her address of record.
. Whether voluntary termination was for cause of necessitous and compelling nature is a legal conclusion subject to appellate review which is limited to determining whether constitutional rights have been violated, an error of law has been committed or whether necessary findings of fact are supported by substantial evidence. Eby v. Unemployment Compensation Board of Review, 157 Pa.Cmwlth. 10, 629 A.2d 176 (1993); Baertl v. Unemployment Compensation Board of Review, 156 Pa.Cmwlth. 428, 627 A.2d 1232 (1993). We note that while Thompson is currently without the benefit of counsel, she was represented by Williams at the appeals before both the referee and the Board.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.