Tuesday, September 27, 2011

UC - vol. quit - severance package

Munski v. UCBR - Cmwlth. Court - September 27, 2011 - precedential, reported

The claimant has the burden of establishing that necessitous and compelling reasons existed for leaving his employment. Empire Intimates v. Unemployment Compensation Board of Review, 655 A.2d 662 (Pa. Cmwlth. 1995).

The claimant must establish "that [he] acted with ordinary common sense in quitting [his] job, that [he] made a reasonable effort to preserve [his] employment, and that [he] had no other real choice than to leave [his] employment." Id. at 664.

In the context of downsizing, we have explained that "mere speculation about one‟s future job circumstances, and attendant benefits, without more, does not render a decision to voluntarily terminate employment necessitous and compelling." Petrill v. Unemployment Compensation Board of Review, 883 A.2d 714, 717 (Pa. Cmwlth. 2005).

The Referee found that Claimant was offered a voluntary EISP and neither Claimant‟s supervisor nor other members of management informed him that his position would be eliminated if he rejected the offer. In light of that factual finding, the Referee concluded that Claimant voluntarily terminated his employment by accepting the plan. Therefore, Claimant did not have a necessitous and compelling reason to resign. Claimant appealed to the Board. The Board adopted the findings and conclusions of the Referee and affirmed without further opinion. The Court affirmed the Board.