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CUNNINGHAM UNEMPLOYMENT COMPENSATION CASE. (09/16/60)

THE SUPERIOR COURT OF PENNSYLVANIA


September 16, 1960

CUNNINGHAM UNEMPLOYMENT COMPENSATION CASE.

Appeal, No. 171, Oct. T., 1960, by claimant, from decision of Unemployment Compensation Board of Review, No. B-56394, in re claim of Joseph A. Cunningham, Jr. Decision affirmed.

COUNSEL

Joseph A. Cunningham, Jr., appellant, in propria persona, submitted a brief.

Sydney Reuben, Assistant Attorney General, with him Anne X. Alpern, Attorney General, for Unemployment Compensation Board of Review, appellee.

Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, Watkins, and Montgomery, JJ.

Author: Ervin

[ 193 Pa. Super. Page 173]

OPINION BY ERVIN, J.

The only question raised by this appeal is whether the claimant had a compelling and necessitous reason, within the meaning of § 402(b) of the Unemployment Compensation Law, 43 PS § 802(b), to terminate his employment where he voluntarily left because he was dissatisfied with the working conditions.

[ 193 Pa. Super. Page 174]

A claimant who admittedly terminates his employment of his own accord has the burden of establishing that he had a compelling and necessitous reason for the separation: Seroskie Unemployment Compensation Case, 169 Pa. Superior Ct. 470, 82 A.2d 558; Kaminski Unemployment Compensation Case, 174 Pa. Superior Ct. 242, 101 A.2d 132; Johnson Unemployment Compensation Case, 182 Pa. Superior Ct. 138, 125 A.2d 458.Page 174} Section 402(b) of the Unemployment Compensation Law, 43 PS § 802(b), as last amended, provides, inter alia: "An employe shall be ineligible for compensation for any week - ... (b)(1) In which his unemployment is due to voluntarily leaving work without cause of a necessitous and compelling nature. ..."

The record in this case clearly reveals that the claimant "resigned" his employment because he did not like his superior, Mr. Barrett. He testified as follows: "In other words, if I am wrong ... I just could not stand anymore of Mr. Barrett for his domineering ways. Better than fight with the gentleman or fight with anybody I just resigned from the position."

The board's finding that the "Claimant voluntarily terminated his employment because of his dissatisfaction with his working conditions" is amply supported by competent evidence.

Disposition

Decision affirmed.

19600916

© 1998 VersusLaw Inc.



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