Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Dorothy Smith, No. B-150111.
David L. Hill, for petitioner.
Charles G. Hasson, Assistant Attorney General, for respondent.
Judges Crumlish, Jr., Wilkinson, Jr. and Mencer, sitting as a panel of three. Opinion by Judge Wilkinson, Jr.
This is an appeal from an affirmance by the Unemployment Compensation Board of Review of a referee's decision denying benefits on a finding of voluntary termination pursuant to Section 402(b)(1) of the Unemployment Compensation Law (Law), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. § 802(b)(1).*fn1 We affirm.
Claimant's last day of work for employer, a social service agency, was October 13, 1976, after approximately five years of service. Claimant last worked as an intake interviewer-receptionist, duties of which included screening and processing prospective clients. Certain events in mid-September 1976, not relevant to our decision, led to an investigation by and the eventual recommendation of the agency's deputy director that claimant be discharged for willful refusal to serve a client.
Claimant first learned of her superior's actions on October 12, 1976 in a conversation concerning the incident. Claimant was apprised of the deputy director's findings and his proposed recommendation and was urged by him to resign. Given a day to consider her situation, claimant returned the following day and resigned.
It is now argued by claimant that she did not voluntarily terminate the employment relationship; under the circumstances she had no real option and was, in reality, forced to submit her resignation rather than wait for the inevitable firing.*fn2 In this regard the referee made the following critical findings:
3. Claimant was advised the Deputy Director was submitting a recommendation for her dismissal which would be reviewed by the Deputy Director*fn3 for his decision.
4. The claimant was given the option to resign, however, employment was available for her since the recommendation of the Deputy Director was not the ...