Monday, October 18, 2010

UC - voluntary quit - voluntary layoff option - duty of referee to unrepresented parties

Beddis v. UCBR - October 18, 2010 - Cmwlth. Court - precedential


http://www.pacourts.us/OpPosting/Cwealth/out/2233CD09_10-18-10.pdf


The voluntary layoff (VLO) provision of sec. 402(b) applies only to temporary separations, with the possibility of a recall, and is not accompanied by "some form of consideration from the employer" such as a severance or early retirement package.


Recognizing that its intepretation of the VLO provision goes beyond the plain words of the statute, the court noted that it has interpreted the provision in this manner "since its include in the [UC] Law three decades ago," and that this intepretation was affirmed by a "sharply divided" Supreme Court in, Sievers v. UCBR, 555 A.23 260 (Pa. Cmwlth. 1987), affd., 551 A2d 1057 (Pa. 1989).


The Beddis decision also contains a discussion of the duty of a referee to assist unrerpesented parties, both claimant and employer.

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