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MYRON C. GACKENBACH v. COMMONWEALTH PENNSYLVANIA (05/22/80)

decided: May 22, 1980.

MYRON C. GACKENBACH, 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 Myron C. Gackenbach, No. B-169076.

COUNSEL

F. Paul Laubner, for petitioner.

Charles Hasson, Assistant Attorney General, with him, Richard Wagner, Chief Counsel and Edward G. Biester, Jr., Attorney General, for respondent.

Mark C. Stephenson, Assistant Counsel, with him, John Alford, Deputy Chief Counsel and George M. Kashi, Chief Counsel, for Public Utility Commission.

President Judge Crumlish, and Judges Rogers and Williams, Jr., sitting as a panel of three. Opinion by President Judge Crumlish.

Author: Crumlish

[ 51 Pa. Commw. Page 476]

The Unemployment Compensation Board of Review (Board) affirmed the referee's denial of unemployment compensation benefits to Myron C. Gackenbach.*fn1 Gackenbach appeals. We affirm.

The issue is whether Gackenbach's termination of employment was a "voluntary quit."*fn2

Gackenbach was last employed as a Tax Attorney II by the Commonwealth of Pennsylvania, Public Utility Commission. On July 18, 1978, he submitted a letter of resignation indicating a desire to terminate his employment and to seek a position more in keeping with his "training and experience and to correct [his] present distant commutation."

In reality, Gackenbach's resignation was prompted by receipt of an "unsatisfactory" job performance rating and his desire to keep such rating from becoming part of his personal file.

[ 51 Pa. Commw. Page 477]

Gackenbach argues on appeal that a rating of "unsatisfactory" in job performance is synonymous with discharge, making his termination involuntary and the denial of benefits improper. In addition, he contends that his resignation was necessary to preserve any future opportunity for employment with the Commonwealth.

While in a given factual pattern, an "unsatisfactory" job performance rating may be equivalent to discharge, see Volk v. Unemployment Compensation Board of Review, 29 Pa. Commonwealth Ct. 529, 371 A.2d 1045 (1977), the recorded ...


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