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BEVERLY C. SPONG v. COMMONWEALTH PENNSYLVANIA (08/02/79)

decided: August 2, 1979.

BEVERLY C. SPONG, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Beverly C. Spong, No. B-155257.

COUNSEL

John M. Humphrey, with him Candor, Youngman, Gibson & Gault, for petitioner.

Daniel R. Schuckers, Assistant Attorney General, with him Bernadette A. Duncan, Assistant Attorney General, and Gerald Gornish, Attorney General, for respondent.

Judges Crumlish, Jr., DiSalle and Craig, sitting as a panel of three. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 44 Pa. Commw. Page 561]

Did Beverly C. Spong voluntarily terminate her employment without cause of a necessitous and compelling nature so as to render her ineligible for benefits under Section 402(b)(1) of the Unemployment Compensation Law,*fn1 43 P.S. § 802(b)(1)?

The Unemployment Compensation Board of Review (UCBR) answered in the affirmative. We agree.

[ 44 Pa. Commw. Page 562]

Spong worked as a part-time secretary at Girio Agency for approximately six months when Girio advised her that he needed a full-time secretary with some bookkeeping experience. Four weeks later, a full-time secretary was hired who replaced Spong.

Spong was never offered the full-time position because, Girio contends, her conduct indicated her disinterest in working full-time and discouraged Girio from offering her the full-time position.

UCBR, in finding that "[t]he employer hired a full-time secretary, without specifically offering the position to the claimant because she made it clear that she did not wish to work full-time"*fn2 also found that the duties of the full-time secretary were "substantially similar" to those performed by Spong.

We have in the past considered the discouragement of job offers to be grounds for disqualification under Section 402(a), 43 P.S. § 802(a), and Section 402(d), 43 P.S. § 802(d), where claimants sought placement through referrals by the employment office. In these cases, we held that a claimant's conduct which evidences a lack of a genuine desire to work and be self-supporting and which discourages a prospective employer from offering suitable employment can be the basis for disqualification. See Tokar v. Unemployment Compensation Board of Review, 35 Pa. Commonwealth Ct. ...


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