Wednesday, January 09, 2013

UC - voluntary layoff proviso

Diehl v. UCBR – Pa. Supreme Court – December 28, 2012

We granted review to consider whether the “voluntary layoff option” proviso (“VLO Proviso”) contained in Section 402(b) of the Unemployment Compensation Law (“UC Law”), 43 P.S. § 802(b),1 permits employees to receive unemployment compensation benefits when they accept an early retirement plan offered pursuant to an employer-initiated workforce reduction.

Upon application of our rules of statutory construction, we reverse the decision of the Commonwealth Court and conclude that the UC Law does not preclude application of the VLO Proviso to early retirement plans offered pursuant to employer-initiated workforce reductions.