Monday, April 30, 2012

UC - job offer contingent on claimant waiver of UC claim

Big Mountain Imaging v. UCBR - Cmwlth. Cour - April 30, 2012

An offer of employment may not be contingent on an employee waiving his right to collect unemployment benefits, Claimant had good cause to reject Employer’s offer. Section 701 of the Law, 43 P.S. §861 (no agreement by employee to release rights under this act shall be valid); see Lee v. UCBR, 33 A.3d 717 (Pa. Cmwlth. 2011) (an employer cannot accept a settlement of an unemployment compensation claim); Pitt. Chem. & Sanitary Supply Co., Inc. v. UCBR, 9 A.3d 274 (Pa. Cmwlth. 2010).