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MARGO D. NISSLEY v. COMMONWEALTH PENNSYLVANIA (05/13/86)

decided: May 13, 1986.

MARGO D. NISSLEY, 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 Margo D. Nissley, No. B-238630.

COUNSEL

Galen R. Waltz, Petrina Law Offices, for petitioner.

James K. Bradley, Associate Counsel, with him, Charles G. Hasson, Acting Deputy Chief Counsel, for respondent.

Judges MacPhail, Doyle and Barry, sitting as a panel of three. Opinion by Judge Barry.

Author: Barry

[ 97 Pa. Commw. Page 208]

Claimant, Margo D. Nissley, appeals an order of the Unemployment Compensation Board of Review (Board) affirming a referee's decision denying her benefits under Section 402(b) 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).

The referee made the following factual findings:

1. Claimant was last employed as a dental hygienist by John A. Capello, D.M.D. from February 3, 1984 at a final rate of $85 a day and her last day of work was November 16, 1984.

2. In September 1984, she asked Dr. Capello for a raise and when he replied in the negative, she remarked that she would have to look for other work.

3. He asked her if she would give only two weeks' notice and she replied yes.

4. Because his patients are scheduled a month in advance, Dr. Capello needed to be sure of having a hygienist and two weeks' notice was insufficient; he therefore placed an ad for a hygienist in the papers in September 1984.

5. On October 10, 1984, he again asked the claimant if she would be giving him only two weeks' notice and she again replied yes.

6. After the employer was able to find a replacement, he told the claimant that November 16, 1984 would be her last day and he ...


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