Kellenbenz v. Com., Unemployment Compensation Bd. of Review
| Decision Date | 31 January 1983 |
| Citation | 454 A.2d 1202,71 Pa.Cmwlth. 468 |
| Parties | Philip KELLENBENZ, Petitioner, v. COMMONWEALTH of Pennsylvania, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. |
| Court | Pennsylvania Commonwealth Court |
Robert J. Matthews, Feasterville, for petitioner.
Richard Wagner, Gen. Counsel, James K. Bradley, Richard L. Cole, Jr., Chief Counsel, Unemployment Compensation Bd. of Review, Harrisburg, for respondent.
Before CRUMLISH, President Judge, and MacPHAIL and DOYLE, JJ.
This is an appeal from an order of the Unemployment Compensation Board of Review (Board) affirming an order of the referee and holding Philip Kellenbenz (Claimant) ineligible for benefits under the provisions of Section 402(b) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex.Sess.Pl. (1937) 2897, as amended, 43 P.S. § 802(b), because he voluntarily terminated his employment without cause of necessitous and compelling nature.
The Claimant's sole basis of appeal here is that the Board erred in determining that Claimant voluntarily terminated his employment without cause of necessitous and compelling nature. We hold that the Board did not err and affirm its order.
The testimony of the Employer's 1 representative and the Claimant's own statement 2 in the summary of interview fully warrant the Board's findings that:
2. The Claimant was dissatisfied with his hours of work and rate of pay.
3. The claimant gave his superior four (4) days notice of his intention to leave this employment and the possibility of obtaining other employment with another individual.
4. The claimant was not laid off by his employer and continuing work was available had the claimant desired to remain employed. (Emphasis added).
After a careful review of the record, we are well satisfied that the Board did not capriciously disregard 3 any competent evidence in exercising its exclusive fact-finding role. 4 Neither dissatisfaction with one's wages, nor working conditions is sufficient to establish the necessary justification for terminating employment. Querry v. Unemployment Compensation Board of Review, 63 Pa. Commonwealth Ct. 170, 437 A.2d 1048 (1981). The Board in the instant case also found that Claimant had a "possibility" of finding employment with someone else. However, "[t]he mere possibility of other employment is not sufficient to constitute cause of a necessitous and compelling nature for voluntarily terminating one's employment." Eckenrod v. Unemployment Compensation Board of Review, 15 Pa. Commonwealth Ct. 166, 170, 325 A.2d 320, 322 (1974).
Accordingly, we enter the following order.
It is ordered that the order of the Unemployment Compensation Board of Review numbered B-192433 and dated February 20, 1981, is hereby affirmed.
1 M.S. Detective Agency.
2 Claimant did not appear...
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Burke v. Board of Review
...the administrative agency, the trial court could not properly consider them. (Cf. Kellenbenz v. Commonwealth, Unemployment Compensation Board of Review (1983), 71 Pa.Commw. 468, 454 A.2d 1202, 1202 n. 2 (a court of review may not consider evidence that was not presented before the administr......
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...is not sufficient to establish necessary and compelling reasons to quit employment. See, e.g., Kellenbenz v. Unemployment Compensation Board of Review, 71 Pa.Commw. 468, 454 A.2d 1202 (1982); DeNofa v. Unemployment Compensation Board of Review, 51 Pa.Commw. 97, 413 A.2d 786 (1980); See also......
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...working conditions is not sufficient to establish necessary and compelling reasons to quit employment. See, Kellenbenz v. Unemployment Compensation Board of Review, 454 A.2d 1202 (Pa. Cmwlth. 1983) (dissatisfaction with hours of work and rate of pay was not necessitous and compelling reason......
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...with working conditions does not provide necessitous and compelling cause to quit employment. Kellenbenz v. Unemployment Compensation Board of Review, 454 A.2d 1202, 1203 (Pa. Cmwlth. 1982). Additionally, an employee's acceptance of a job indicates her agreement to the wages and conditions ......