Hesse v. Commonwealth

Commonwealth Court of Pennsylvania

Hesse v. Commonwealth

422 A.2d 729, 54 Pa. Commw. 595, 1980 Pa. Commw. LEXIS 1839

CourtCommonwealth Court of Pennsylvania

DecidedNovember 18, 1980

DocketAppeal, No. 430 C.D. 1978

StatusPublished

Cited by3 cases

This text of 422 A.2d 729 (Hesse v. Commonwealth) 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

Hesse v. Commonwealth, 422 A.2d 729, 54 Pa. Commw. 595, 1980 Pa. Commw. LEXIS 1839 (Pa. Ct. App. 1980).

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Opinion

Opinion by

President Judge Crumlish,

The Unemployment Compensation Board of Review affirmed the referee’s denial of unemployment compensation benefits to Kenneth P. Hesse based on Section 402(b) (1) of the Unemployment Compensation Law¹ finding that Hesse had voluntarily terminated his employment without a necessitous and compelling reason. We affirm.

Hesse was last employed as a mechanic’s trainee through an 18-month Manpower program. After five months, he quit because of dissatisfaction with his work assignments.

The law is clear. The burden of proving a necessitous and compelling reason for leaving employment rests with the claimant. DeNofa v. Unemployment Compensation Board of Review, 51 Pa. Commonwealth Ct. 97, 413 A.2d 786 (1980). Mere dissatisfaction with working conditions is not a necessitous cause to justify a voluntary quit. Id. Therefore, to prove eligibility for benefits, Hesse must establish that he was deceived as to or unaware of the fact that he would [597]*597be required to perform jobs of a lesser caliber before being assigned mechanic’s work. Mosley v. Unemployment Compensation Board of Review, 15 Pa. Commonwealth Ct. 447, 327 A.2d 199 (1974).

The record discloses that Hesse was treated the same as others in the program, that the employer told Hesse when he entered into employment that he would start at the bottom and work his way up, and that Hesse had in fact done some minor mechanical work. Under the circumstances, Hesse has not met his burden of proving any necessitous and compelling reason for voluntarily terminating his employment.

Affirmed.

Order

The Unemployment Compensation Board of Review order at B-153459, dated February 10, 1978, denying unemployment compensation benefits to Kenneth P. Hesse is affirmed.

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Opinion by

President Judge Crumlish,

The Unemployment Compensation Board of Review affirmed the referee’s denial of unemployment compensation benefits to Kenneth P. Hesse based on Section 402(b) (1) of the Unemployment Compensation Law¹ finding that Hesse had voluntarily terminated his employment without a necessitous and compelling reason. We affirm.

Hesse was last employed as a mechanic’s trainee through an 18-month Manpower program. After five months, he quit because of dissatisfaction with his work assignments.

The law is clear. The burden of proving a necessitous and compelling reason for leaving employment rests with the claimant. DeNofa v. Unemployment Compensation Board of Review, 51 Pa. Commonwealth Ct. 97, 413 A.2d 786 (1980). Mere dissatisfaction with working conditions is not a necessitous cause to justify a voluntary quit. Id. Therefore, to prove eligibility for benefits, Hesse must establish that he was deceived as to or unaware of the fact that he would [597]*597be required to perform jobs of a lesser caliber before being assigned mechanic’s work. Mosley v. Unemployment Compensation Board of Review, 15 Pa. Commonwealth Ct. 447, 327 A.2d 199 (1974).

The record discloses that Hesse was treated the same as others in the program, that the employer told Hesse when he entered into employment that he would start at the bottom and work his way up, and that Hesse had in fact done some minor mechanical work. Under the circumstances, Hesse has not met his burden of proving any necessitous and compelling reason for voluntarily terminating his employment.

Affirmed.

Order

The Unemployment Compensation Board of Review order at B-153459, dated February 10, 1978, denying unemployment compensation benefits to Kenneth P. Hesse is affirmed.

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Bluebook (online)

422 A.2d 729, 54 Pa. Commw. 595, 1980 Pa. Commw. LEXIS 1839, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hesse-v-commonwealth-pacommwct-1980.

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