Thursday, September 11, 2008

UC - voluntary quit - conscious intention

Subway List, Inc. v. UCBR - Commonwealth Court - September 5, 2008 - unreported memorandum opinion

http://www.courts.state.pa.us/OpPosting/CWealth/out/2258CD07_9-5-08.pdf

Held that totality of circumstances, the claimant did not show the required "conscious intention to voluntarily quit her job," even when she failed to complete a questionnaire by the time specified by her employer, June 30th.

She was out on a medical leave and did send the employer a letter, received on July 1st, saying that she would respond more precisely after an upcoming checkup. Her "inability to predict the circumstances regarding her return to work did not demonstrate an intention to quit"

Nor were her actions willful misconduct. "The letters that Claimant sent served the same purpose of advising employer of her intentions....Claimant reasonably attempted to comply with employer's request and...her actions did not constitute willful misconduct."

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