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eBook details

• Title: Platz v. Unemployment Compensation Board of Review
• Author : Pennsylvania Commonwealth Court
• Release Date : January 27, 1998
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

Rose Platz petitions for review of an Unemployment Compensation Board of Review (Board) order upholding a referees decision to deny her unemployment compensation. The Board concluded that Platz voluntarily left her employment at Anthonys Fried Provolone without necessitous and compelling causeand was therefore ineligible for compensation pursuant to 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. §§751-914. At issue on appeal is whether Platz, who was unrepresented by counsel, was afforded a fair and impartial hearing before the unemployment compensation referee; and whether the board erred in concluding that Platz did not establish a necessitous and compelling cause to leave her employment. Whether an employee has necessitous and compelling cause for leaving his or her employment is a question of law reviewable by this Court. PECO Energy v. Unemployment Compensation Board of Review, 682 A.2d 40 (Pa. Cmwlth. 1996). It has been held that such compelling cause arises from circumstances that produce real and substantial pressure to terminate ones employment-that is, pressure or forces which would compel a reasonable person to act in the same manner. DAndrea Wine & Liquor v. Unemployment Compensation Board of Review, 636 A.2d 279 (Pa. Cmwlth. 1993). Platz does not specifically challenge the Boards findings of fact as unsupported by the evidence. We recite them here:

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