Friday, April 26, 2013

UC - vol. quit - resignation - revocation of

Bier v. UCBR – Cmwlth. Court – Apriol 26, 2013 – unpublished memorandum opinion


This Court has held that “[a] claimant who stated that he quit and walked off the job is not considered an employee thereafter.”  Spadaro v. UCBR, 850 A.2d 855, 859 (Pa. Cmwlth. 2004).  We conclude, based on the totality of the circumstances as described above, that Claimant voluntarily quit his employment effective on May 14, 2012 and was no longer an employee thereafter. 

While there may be some circumstances where an employee may rescind a resignation after the fact, those circumstances are not present here. In Spadaro, we noted that “[a]n employee who revokes his resignation before the ‘effective date’ of his resignation and before the employer took steps to replace him is entitled to benefits.” Id. at 859. Claimant did not resign with an “effective date”; he quit, effective immediately, when he essentially told Employer that he was quitting, got up, left the room, and did not report to work thereafter. Accordingly, Claimant’s actions after May 14, 2012 do not alter his ineligibility for UC benefits under these circumstances.

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The opinion, though not reported, may be cited "for its persuasive value, but not as binding precedent." 210 Pa. Code § 67.55. Citing Judicial Opinions.

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