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

April 13, 1961

NEFF UNEMPLOYMENT COMPENSATION CASE.


Appeal, No. 20, March T., 1961, by claimant, from decision of Unemployment Compensation Board of Review, No. B-58096, in re claim of Dorothy K. Neff. Decision affirmed.

COUNSEL

Dorothy K. Neff, 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 Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (rhodes, P.j., absent).

Author: Montgomery

[ 195 Pa. Super. Page 5]

OPINION BY MONTGOMERY, J.

This is an unemployment compensation case in which the question is whether the claimant is disqualified to receive benefits because of her refusal to accept proffered employment. The claimant was last employed by Jobs Unlimited as a part-time secretary. Her last day of work was November 25, 1959. The claimant had prior full-time employment as an executive medical secretary from which she had a valid separation due to pregnancy. After receiving unemployment compensation for eight weeks subsequent to her separation from Jobs Unlimited, the claimant was offered by the Pennsylvania State Employment Service a permanent position as a transcribing machine operator with the Insurance Company of North America at $60.00 per week and a permanent position with the Acar Supply Company as a dictaphone machine operator at the rate of $60.00 to $75.00 per week. The claimant refused both referrals because she felt that the work was unsuitable for her because they were not commensurate with her education, prior technical

[ 195 Pa. Super. Page 6]

    employment, and former salary of $80.00 per week received in her last full-time employment.

The Board of Review found as facts that the claimant is classified as a transcribing machine operator and copywriter, that the positions offered her were within her capabilities, and that the jobs paid the prevailing wage rates; and it decided that the claimant's refusal to accept the employment opportunities because she felt that they were not in line with the type of work she had been doing previously disqualified her from receiving further benefits.

Section 402(a) of the Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897, 43 P.S. ยง 802(a) provides that "An employe shall be ineligible for compensation for any week - (a) In which his unemployment is due to failure without good cause ... to accept suitable work when offered to him ... by any employer ...."

"Suitable work" is defined to mean, "all work which the employe is capable of performing. In determining whether or not any work is suitable for an individual, the department shall consider the degree of risk involved to his health, safety and morals, his physical fitness, prior training and experience, and the distance of the available work from his residence. The department shall also consider among other factors the length of time he has been unemployed and the reasons therefor, the prospect of obtaining local work in his customary occupation, his previous earnings, the prevailing condition of the labor market generally and particularly in his usual trade or ...


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