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PAUL GRECO v. COMMONWEALTH PENNSYLVANIA (06/20/89)

decided: June 20, 1989.

PAUL GRECO, PETITIONER,
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



PETITION FOR REVIEW.

COUNSEL

Alan R. Gilbert, Lancaster, for petitioner.

Clifford F. Blaze, Deputy Chief Counsel, James K. Bradley, Asst. Counsel, Harrisburg, for respondent.

Palladino and Smith, JJ., and Kalish, Senior Judge.

Author: Kalish

[ 126 Pa. Commw. Page 532]

Paul Greco petitions for review of a decision by the Unemployment Compensation Board of Review (Board) which affirmed the decision of the referee denying unemployment compensation benefits to Greco. We affirm.

[ 126 Pa. Commw. Page 533]

Greco was employed by Berks Visiting Nurse Association (employer) on September 15, 1986, as a supervisor of social work services. Greco's job title was later changed to manager of social work services, but his duties remained the same. These duties included field supervision of staff social workers, as well as carrying a caseload.

Greco failed to perform either of these duties, and on April 30, 1987, was advised by the employer that he must at least begin to perform field supervision. On May 18, 1987, Greco was again advised that he must begin field supervision. Additionally, he was warned that he needed to become more accessible during work hours. All of these problems were again discussed with Greco in the context of his formal evaluation on July 14, 1987.

On September 28, 1987, one of the social workers on Greco's staff, Kay Schlegal, resigned. Following an investigation, the employer discovered that the social worker had never been properly oriented or trained for the job, one of Greco's responsibilities.

Greco met with the employer on October 8, 1987, at which time Greco was informed that he was being demoted from his position as manager of social work services, and reassigned to a staff position as a medical social worker. The employer advised Greco that the demotion was not a termination, but a reassignment; Greco vacated his office and, thereafter, failed to report for work.

Greco filed for unemployment compensation benefits with the Office of Employment Security (OES) which issued a notice of determination denying benefits pursuant to section 402(b) of the Pennsylvania Unemployment Compensation Law (Law), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. ยง 802(b) (voluntary quit). Greco appealed this decision, and a hearing was held before the referee on November 30, 1987. The denial of benefits by OES was affirmed. On ...


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