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CHARLES A. SLOSS v. UNEMPLOYMENT COMPENSATION BOARD REVIEW COMMONWEALTH PENNSYLVANIA. CHARLES A. SLOSS (12/13/76)

decided: December 13, 1976.

CHARLES A. SLOSS
v.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW OF THE COMMONWEALTH OF PENNSYLVANIA. CHARLES A. SLOSS, APPELLANT



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Charles A. Sloss, No. B-129054.

COUNSEL

Charles Witaconis, with him Ralph P. Carey, for appellant.

Sandra S. Christianson, Assistant Attorney General, with her Sydney Reuben, Assistant Attorney General, and Robert P. Kane, Attorney General, for appellee.

Judges Mencer, Rogers and Blatt, sitting as a panel of three. Opinion by Judge Blatt.

Author: Blatt

[ 27 Pa. Commw. Page 529]

Charles A. Sloss has appealed from a decision of the Unemployment Compensation Board of Review (Board) affirming a referee's determination of ineligibility for benefits because he voluntarily left his job without cause of a compelling and necessitous nature.

[ 27 Pa. Commw. Page 530]

The referee, of course, cited Section 402(b) of the Unemployment Compensation Law*fn1 (Law).

Sloss had received unemployment compensation benefits for approximately six months following a valid layoff from an earlier employer, and these benefits were terminated when he accepted a job as a salesman trainee with Rediforms Office Products (Rediforms), a California company. While his wife and daughter remained in Pennsylvania, Sloss had gone to Los Angeles seeking employment and, on August 1, 1975, he began a sixty-day training period required by Rediforms for new employees. After completing the first month, for which he was paid $750 by Rediforms, he voluntarily resigned on August 29, having then decided to return to Pennsylvania and not to move his family to California. He made this decision, he said, because moving expenses were high and because his job assignment for Rediforms had been shifted to the Los Angeles area from neighboring Orange County where he expected it to be. He returned to Pennsylvania and applied for but was denied unemployment benefits here. At issue before us is his claim for the period following his return home until the time he accepted other employment on December 16, 1975.

In an unemployment compensation case it is the Board's duty to weigh the evidence, and this Court will reverse a determination only where the Board has abused its discretion, committed an error of law, or rendered findings which were unsupported by the

[ 27 Pa. Commw. Page 531]

    evidence. Unemployment Compensation Board of Review v. Grossman, 22 Pa. Commonwealth Ct. 550, 349 A.2d 779 (1976). The Board found here that the claimant "voluntarily terminated his employment because he decided not to move his family from Clarks Summit, Pennsylvania to the Los Angeles, California area, where his job was located," and the testimony of the claimant substantiates such a finding.

One who voluntarily accepts a job thereby admits its initial suitability, and, to assert successfully that the employment is now so unsuitable as to be a compelling cause for leaving, the employe must prove that employment conditions have changed or that he was deceived as to or unaware of such conditions when he entered the employment. Mosley v. Unemployment Compensation Board of Review, 15 Pa. Commonwealth Ct. 447, 327 A.2d 199 (1974). The Board specifically found that when Sloss accepted his position with Rediforms in California he intended to relocate his family in California, and no evidence of record suggests that the expense of moving increased between the time he accepted the job and the time he decided not to move one month later. With regard to the change in sales territory, Sloss himself admitted that Los Angeles is only thirty miles from the Orange County area where he had intended to buy a home and ...


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