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SNYDER UNEMPLOYMENT COMPENSATION CASE. (04/13/61)

April 13, 1961

SNYDER UNEMPLOYMENT COMPENSATION CASE.


Appeal, No. 440, Oct. T., 1960, by claimant, from decision of Unemployment Compensation Board of Review, No. B-58709, in re claim of Judith Snyder. Record remanded.

COUNSEL

Alan I. Aberman, for appellant.

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

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

Author: Ervin

[ 194 Pa. Super. Page 623]

OPINION BY ERVIN, J.

This is an appeal by Judith Snyder from the decision of the Unemployment Compensation Board of Review affirming the referee and the bureau in disallowing benefits to her.

The appellant was last employed as a secretary by Robert I. Goldy, an attorney, in Philadelphia, Pennsylvania. For her services she was paid $70.00 a week, which salary she had been receiving for seven and one-half months. She was a fully qualified secretary, a graduate of Temple University, and had been receiving salary increases in each of the three jobs she held subsequent to graduation. Her employer informed her that he had lost an important client and thus could not afford a full-time secretary. He offered her two days' work a week at a salary of $14.00 per day or $28.00 gros pay per week on a permanent basis. This salary would net appellant $23.94 per week after deducting Federal withholding tax of $2.80, social security of $.84 and city wage tax of $.42. If she were unemployed through no fault of her own, she would have received unemployment compensation of $35.00 per week.

Section 402(b) of the Unemployment Compensation Law, 43 PS § 802(b), provides: "An employe shall be ineligible for compensation for any week -

"(a) . . .

"(b) (1) In which his unemployment is due to voluntarily leaving work without cause of a necessitous and compelling nature, ... and that in determining whether or not an employe has left his work voluntarily

[ 194 Pa. Super. Page 624]

    without cause of a necessitous and compelling nature, the department shall give consideration to the same factors, insofar as they are applicable, provided, with respect to the ...


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