Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Jessie Sizer, No. B-201212.
Deborah Harris, for petitioner.
Charles Donahue, Associate Counsel, with him Richard L. Cole, Jr., Chief Counsel, for respondent.
Judges Craig, MacPhail and Barbieri, sitting as a panel of three. Opinion by Judge Craig.
Jessie Sizer appeals from an order by the Unemployment Compensation Board of Review which, affirming a referee's decision, (1) denied the claimant benefits under the voluntary quit provision of the Unemployment Compensation Law*fn1 and (2) assessed a fault overpayment.*fn2
Mr. Sizer was a cook at Dave's Eatery from December 18, 1979 to June 26, 1981, earning a final salary of $3.50 per hour. On June 29, he called in sick; his employer, David Stein, informed him that he had been replaced.
Mr. Sizer then applied for unemployment compensation and received $228 in benefits during the month of July. In his Summary of Interview questionnaire,
dated July 23, 1981, Mr. Sizer responded to the question, "Why did you leave your job (explain in full)" by stating "Ask for more money." On the basis that he quit his job without notice because of dissatisfaction with his wages, the local unemployment compensation authorities disapproved his benefits and sought recoupment of the $228 already paid.
In his petition from that initial determination, Mr. Sizer provided the following reason for his appeal:
I was lay off. Because I ask for more-money I stayed out on the 28th June -- call in sick. And was lay-off.
Unrepresented by counsel at his hearing before the referee, Mr. Sizer testified that he did not call in sick on June 29 because of dissatisfaction with his salary. When asked why he had written "ask for more money" as the reason for allegedly leaving his job, Mr. Sizer responded that he was "laid off" and surmised ...