Glen Mills Schools v. Unemployment Compensation Board of Review

665 A.2d 561, 1995 Pa. Commw. LEXIS 439
CourtCommonwealth Court of Pennsylvania
DecidedSeptember 28, 1995
StatusPublished
Cited by13 cases

This text of 665 A.2d 561 (Glen Mills Schools v. Unemployment Compensation Board of Review) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Glen Mills Schools v. Unemployment Compensation Board of Review, 665 A.2d 561, 1995 Pa. Commw. LEXIS 439 (Pa. Ct. App. 1995).

Opinion

DOYLE, Judge.

Glenn Mills Schools (Employer) appeals an order of the Unemployment Compensation Board of Review, which reversed the decision of the referee and granted benefits to Najat W. Mourad (Claimant).

The Board’s findings of fact are summarized as follows. Claimant, who resided with her husband in Kennett Square, Chester County, was employed as a part-time dental hygienist by Employer for approximately three years. Claimant’s husband is a physicist, has a Ph.D, and worked in a highly specialized field for the DuPont Corporation. On November 30, 1993, he lost his job with DuPont and thereafter, unsuccessfully, sought local employment (he was unable to even get an interview). After seeking employment for more than four months, Claimant’s husband learned of an opening in Maryland, and was ultimately hired by that employer. The distance between Claimant’s previous home in Pennsylvania and the location in Maryland was 140 miles, resulting in at least a 2% hour commute one way. At first, Claimant’s husband commuted home on the weekends but when this arrangement became burdensome he discontinued the commute. Because it was not economically feasible for Claimant and her husband to maintain separate residences, in May of 1994, Claimant voluntarily quit her employment and moved to Maryland to be with her husband.

Claimant filed for unemployment benefits, and the Interstate Claims Office concluded that she had a necessitous and compelling reason to leave her employment and was, therefore, not ineligible for benefits under Section 402(b) of the Pennsylvania Unemployment Compensation Law (Law).1 Employer appealed to the referee, who reversed the award of benefits. Claimant appealed to the Board, which, after a remand to the referee, issued a decision reversing the referee and granted Claimant benefits, holding that Claimant was not ineligible for benefits under Section 402(b) of the Law. The Board reasoned as follows:

[T]he claimant has established that her spouse’s acceptance of a job in Maryland was not one of mere personal choice. The claimant’s husband is trained in highly specialized field and he was unemployed for over four months and seeking work in the local area. Unable to get an interview or a response from prospective employers, claimant’s husband was offered the position in Maryland; thus, this was not a whim on the part of the claimant’s spouse. The Pennsylvania courts have consistently held that a claimant who has quit employment to follow a spouse must also establish either economic hardship in maintaining two residences or an insurmountable commuting distance in order to remain eligible for benefits. The claimant here has demonstrated both....
[T]he claimant has established that her husband’s income is over twice as much as hers. Accordingly, the Board must conclude that the claimant had cause of a necessitous and compelling nature for voluntarily quitting her employment.

(Board Opinion at 2.) (Emphasis in original.) This appeal followed.

Employer contends that (1) the Board erred in holding that Claimant had a necessitous and compelling reason to voluntarily terminate her employment, and (2) the Board erred in awarding Claimant benefits because she was an independent contractor and, thereby, ineligible under Section 402(h) of the Law, 43 P.S. § 802(h).

Regarding the first issue, a claimant who voluntarily quits a job has the burden of proving that the termination was [564]*564caused by reasons of a necessitous and compelling nature. Lechner v. Unemployment Compensation Board of Review, 163 Pa.Cmwlth. 111, 639 A.2d 1317 (1994). A claimant must show that he or she acted with ordinary common sense in quitting and that a reasonable effort was made to maintain the employment relationship. Stiffler v. Unemployment Compensation Board of Review, 64 Pa.Cmwlth. 44, 438 A.2d 1058 (1982). Whether an employee had a necessitous and compelling reason to leave his or her employment is a question of law reviewable by this Court. Taylor v. Unemployment Compensation Board of Review, 474 Pa. 351, 378 A.2d 829 (1977).

In situations where a claimant terminates employment due to a move to join a relocating spouse, the claimant’s burden is satisfied if an economic hardship in maintaining two residences is demonstrated, or that a move has resulted in an insurmountable commuting problem. Lechner. The necessity to move must be caused by circumstances beyond the control of the claimant’s spouse and not by personal preference, and the decision to move must be reasonable and made in good faith. Id. The above principles reflect a legislative intent to allow the family obligation of joining a relocated spouse, under the proper circumstances, to constitute cause of a necessitous and compelling nature to leave one’s employment. Steck v. Unemployment Compensation Board of Review, 78 Pa.Cmwlth. 514, 467 A.2d 1378 (1983).

Employer argues that the record does not show that Claimant’s husband made an effort to find local employment, that there was an insurmountable commuting problem, or that there was an economic hardship in maintaining two residences. Contrary to Employer’s argument, however, we find that the record more than adequately supports the Board’s decision.

While Claimant’s husband’s testimony did not specifically describe all the details of his job search, it is clear from his testimony that he was unable to find local employment because of his unique occupation and highly specialized skills. We conclude that he made a good faith effort to find local employment and that his decision to accept employment in Maryland was not a mere personal choice, but was caused by circumstances beyond his control. Mechanicsburg Area School District v. Unemployment Compensation Board of Review, 122 Pa.Cmwlth. 135, 551 A.2d 401 (1988) (where claimant testified that her husband sought local employment on par with his previous position but the search was fruitless, that testimony was substantial evidence showing that claimant’s husband made an effort to secure local employment).

Further, the Board found that Claimant’s home in Pennsylvania was 140 miles from her new home in Gaithersburg, Maryland, and that the commute between those locations was ‘¿k hours one way in light traffic. Claimant testified that her husband attempted to commute on weekends between the two locations “for about a month and he could not do it every day.” (Notes of Testimony at 3; Reproduced Record at 35a.) Her husband testified that commuting on weekends was a burden and that commuting on a daily basis would be impossible. Comparing Claimant’s 5 hour round trip time with an average 8 hour work day, it is obviously unreasonable to commute such a distance each day. See Womeldorf Inc. v. Unemployment Compensation Board of Review, 59 Pa.Cmwlth. 627, 430 A.2d 722

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665 A.2d 561, 1995 Pa. Commw. LEXIS 439, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glen-mills-schools-v-unemployment-compensation-board-of-review-pacommwct-1995.