Appeal from the Order of the Unemployment Compensation Board of Review in case of In re: Claim of Michelle Tate, No. B-215101.
Patricia A. O'Connor, with her, Robert F. Bensing, for petitioner.
Charles Hasson, Acting Deputy Chief Counsel, with him, Michael D. Alsher, Associate Counsel and Richard L. Cole, Jr., Chief Counsel, for respondent.
Judges Rogers, Palladino and Barbieri, sitting as a panel of three. Opinion by Judge Barbieri.
[ 83 Pa. Commw. Page 292]
Michelle Tate (Claimant) appeals here from an order of the Unemployment Compensation Board of Review (Board) which found her to be ineligible for unemployment compensation benefits because she terminated her employment without cause of a necessitous and compelling nature. See Section 402(b) of the Unemployment Compensation Law (Law).*fn1 We will remand.
From the record before us it appears that Claimant was employed as a full-time security guard for the Lake Laurie Campground in Cape May, New Jersey from July 2, 1982 until August 28, 1982 when she voluntarily terminated her employment. Claimant then
[ 83 Pa. Commw. Page 293]
worked as a commission only real estate salesperson for Outdoor World from August 28, 1982 until September 10, 1982 when she left this job to move with her husband to Pottstown, Pennsylvania, where he had a job prospect. Claimant had no earnings while employed at Outdoor World.
When her husband's job prospect did not ripen into an actual job, Claimant and her husband moved to a property they owned in Altoona, Pennsylvania, and Claimant filed for unemployment compensation benefits. The Office of Employment Security subsequently denied this request for benefits citing Sections 402(b) and 401(f)*fn2 of the Law, and Claimant, proceeding pro se, filed an appeal to a referee. A NOTICE OF TELEPHONE HEARING UNEMPLOYMENT COMPENSATION APPEAL was subsequently sent to Claimant which listed the Lake Laurie Campground in a section marked "Employer," and at the subsequent referee's telephone hearing the only employer's representative present was Ned Randall, one of the owners of the campground. Upon the commencement of the telephone hearing, Claimant began to describe her reasons for leaving her employment at Lake Laurie Campground. The following exchange then occurred between the referee and Claimant:
Referee: But you don't understand something. They gave you credit for having a valid separation from Lake Laurie. You are being denied because of separation from Outdoor World. You see, no matter what you tell me now, you have been given credit for valid separation from them.
Ms. Tate: From the employer?