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FLORENCE COLDUVELL v. COMMONWEALTH PENNSYLVANIA (12/28/79)

decided: December 28, 1979.

FLORENCE COLDUVELL, 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 Florence Colduvell, No. B-155926.

COUNSEL

Jerry Cohen, with him Edward Blumstein, Klein, Blumstein, Vanore & Block, for petitioner.

David R. Confer, Assistant Attorney General, with him Richard Wagner, Chief Counsel, Edward G. Biester, Jr., Attorney General, for respondent.

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

Author: Craig

[ 48 Pa. Commw. Page 186]

Florence Colduvell's claim for unemployment compensation benefits was denied by the Unemployment Compensation Board of Review, on the basis of the referee's determination that she voluntarily terminated her employment without cause of a necessitous and compelling nature under Section 402(b)(1) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. ยง 802(b)(1).

Claimant's own testimony substantially supports the referee's findings that:

2. During the course of her employment, claimant ran into personal conflicts with her Office Manager because of her lateness when returning from lunch.

3. For the past three years claimant was also annoyed by sexual insinuations habitually made by her Office Manager, as well as momentary physical contacts which he initiated and for which he apologized.

4. Claimant never mentioned the specific causes of her annoyances to her superiors who were in a position to alleviate the situation.

5. Claimant voluntarily terminated her employment because of the aforementioned problems at work.

An unemployment compensation claimant has the burden of proving that job termination was for cause of a necessitous and compelling nature, by showing that one's conduct was consistent with common sense and prudence. Mackanic v. Unemployment Compensation Board of Review, 37 Pa. Commonwealth Ct. 347, 390 A.2d 884 (1978); Aluminum Co. of America v. ...


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