Wednesday, October 28, 2009

UC- vol. quit - follow-the-spouse - necessity

http://origin-www.courts.state.pa.us/OpPosting/Cwealth/out/652CD09_10-28-09.pdf - unreported

Benefits denied in follow-the-spouse case where spouse took new job in South Carolina to improve his career, and not as a matter of necessity. "It wasn't relocate or else."

“[I]n a following the spouse case the reason for the spouse’s relocation must be beyond the spouse’s control and not a matter of personal preference.” Procito v. UCBR, 945 A.2d 261, 266 (Pa. Cmwlth. 2008). Further, “[w]here a claimant terminates employment to join a relocating spouse, the claimant must demonstrate an economic hardship in maintaining two residences or that the move has posed an insurmountable commuting problem.” Sturpe v. UCBR, 823 A.2d 239, 242 (Pa. Cmwlth. 2003).