Wise v. Unemployment Compensation Board of Review

111 A.3d 1256, 2015 Pa. Commw. LEXIS 120
Commonwealth Court of Pennsylvania·Decided March 25, 2015·Published·Cited by 77 cases

Opinion

OPINION BY

Judge LEAVITT.

Barbra L. Wise (Claimant) petitions for review of an adjudication of the Unemployment Compensation Board of Review (Board) denying her application for unemployment compensation benefits. In doing so, the Board affirmed the Referee’s determination that Claimant was ineligible for benefits under Section 402(b) of the Unemployment Compensation Law (Law)1 because she voluntarily terminated her employment without cause of a necessitous and compelling nature. Finding no error by the Board, we affirm.

Claimant began her employment with Kindred Place (Employer) in October 2011 [1260] as an on-call PRN employee providing personal services to Employer’s clients.2 She worked in the PRN position until April 2013 when she accepted a full-time home health aide position with Employer, working 7.5 hours per day for seven to nine days out of a 14-day pay period. Claimant’s employment ended in October 2013, and she applied for unemployment compensation benefits. The UC Service Center determined that she had voluntarily resigned, which rendered her ineligible under Section 402(b) of the Law.3 Claimant appealed, and a hearing was held by the Referee.

Claimant testified that on July 31, 2013, while working as a home health aide, she sustained a back injury. She was off work for several days and then returned to a light-duty position that met her physician’s restrictions against lifting or pulling weights in excess of 20 pounds. On October 5, 2013, Claimant left work because of back pain. Claimant’s physician then further restricted Claimant to sedentary only work until October 31, 2013. Notes of Testimony, December 20, 2013, at 11-12 (N.T. —).

On October 10, 2013, Claimant met with Employer’s Manager, Carol Graham, and its Executive Director, Lauren Clark, to discuss her employment situation. Clark informed Claimant that Employer needed to return Claimant to the on-call PRN position she had previously held. Claimant testified that Clark asked Claimant to sign a document consenting to the job change, but Claimant refused.

Claimant testified that Graham left a voicemail on Claimant’s phone on October 14, 2013, stating that Claimant had 48 hours to respond or she would be discharged. Claimant testified that she returned Graham’s call on October 15, 2013, and left a voicemail requesting that Graham fax the document about the PRN position to Claimant’s attorney and stating that Employer must stop bullying and harassing her.

Clark testified that Claimant was hired as an on-call PRN employee. In April 2013 Claimant accepted a position as a home health aide, contingent upon her completing the training necessary to become a Certified Nursing Assistant (CNA) within 90 days, as required by governmental regulations.4 Claimant did not com-[1261] píete the CNA training within 90 days but, due to Employer’s oversight, she continued working as a home health aide past that deadline.

Clark testified that, at the meeting on October 10, 2013, she informed Claimant that she could not remain in the home health aide position because she had not obtained the requisite CNA certification. However, Clark informed Claimant that Employer could accommodate Claimant’s need for a sedentary position by giving her a desk job as a PRN employee. When Claimant requested time to consider her options, Clark asked her to respond by the following day because Clark needed to set the employee work schedule. Claimant did not respond. Clark and Graham attempted to reach Claimant by telephone several times on October 11 and October 14, 2013. Claimant contacted Employer on October 15 by leaving the voicemail message described by Claimant. In response, Clark and Graham terminated further contact with Claimant. Clark believed Claimant had resigned because she did not respond within 24 hours to the offer of a desk job as requested at the October 10, 2013, meeting.

The Referee resolved all conflicts in the testimony in favor of Employer. As a result, the Referee found that Claimant was aware that she needed to obtain her CNA certification within 90 days of accepting the home health aide position. The Referee also found that Employer offered Claimant a sedentary position and explained why she was being returned to her former position as an on-call PRN employee. The Referee held that Claimant was ineligible for benefits under Section 402(b) of the Law, 43 P.S. § 802(b), because she voluntarily resigned without a necessitous and compelling reason. Because Claimant was unemployed and available for suitable work, ie., a sedentary position, she met the eligibility requirement in Section 401(d)(1) of the Law, 43 P.S. § 801(d)(1). Claimant appealed the Referee’s ruling under Section 402(b). On review, the Board adopted the Referee’s findings of fact and conclusions of law and affirmed the Referee’s order. Claimant now petitions for this Court’s review.

On appeal,5 Claimant raises several issues for our review that we summarize as follows. First, Claimant argues that the Board’s factual findings are not supported by substantial evidence, and that the Board capriciously disregarded other competent evidence. Second, Claimant argues that she was discharged by Employer and did not voluntarily quit. Third, Claimant argues, alternatively, that she had a necessitous and compelling reason for resigning.

Generally, voluntary termination of employment renders an employee ineligible for unemployment compensation benefits under Section 402(b) of the Law. There is an exception where the employee resigns for cause of a necessitous or compelling nature. Whether a claimant has necessitous and compelling reasons for terminating her employment is a question of law subject to appellate review. Taylor v. Unemployment Compensation Board of Review, 474 Pa. 351, 378 A.2d 829, 832 (1977).

Free access — add to your briefcase to read the full text and ask questions with AI

Wise v. Unemployment Compensation Board of Review, 111 A.3d 1256, 2015 Pa. Commw. LEXIS 120 (Pa. Ct. App. 2015).

111 A.3d 1256 (Wise v. Unemployment Compensation Board of Review) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Consum Adv v. PUC; Apl of: East Whiteland Twp
Supreme Court of Pennsylvania, 2025
Consum Adv v. PUC; Apl of: Aqua PA Wastewater Inc
Supreme Court of Pennsylvania, 2025
M. Schrim v. UCBR
Commonwealth Court of Pennsylvania, 2025
L. Tran v. UCBR
Commonwealth Court of Pennsylvania, 2025
M. Lyles v. UCBR
Commonwealth Court of Pennsylvania, 2025
T.A. Fuller v. UCBR
Commonwealth Court of Pennsylvania, 2024
J.I. Padron v. UCBR
Commonwealth Court of Pennsylvania, 2023
L. Houseknecht v. UCBR
Commonwealth Court of Pennsylvania, 2023
R.S. Smith v. UCBR
Commonwealth Court of Pennsylvania, 2021
Spectrum Community Services, Inc. v. UCBR
Commonwealth Court of Pennsylvania, 2021
M. Reices v. UCBR
Commonwealth Court of Pennsylvania, 2021
S.E. Fee v. UCBR
Commonwealth Court of Pennsylvania, 2021
S.M. Hartman v. UCBR
Commonwealth Court of Pennsylvania, 2020
M.M. Frantz v. UCBR
Commonwealth Court of Pennsylvania, 2020
C.S. Nemeth v. UCBR
Commonwealth Court of Pennsylvania, 2020
Palmer Twp. v. UCBR
Commonwealth Court of Pennsylvania, 2020
Kriger Construction, Inc. v. UCBR
Commonwealth Court of Pennsylvania, 2020
PA LCB v. UCBR
Commonwealth Court of Pennsylvania, 2020