Sunday, March 22, 2015

UC - voluntary quit - firm offer of new job

Geraci v. UCBR – Cmwlth. Court – March 20, 2015 – unreported memorandum opinion - can be cited "for its persuasive value, but not as binding precedent."    210 Pa. Code 69.414.



Claimant who quit job to train for potential job held not eligible, since he had no firm offer of employment.


The court has consistently held that a firm offer of employment and its acceptance constitutes a necessitous and compelling cause for quitting. Solar Innovations, 38 A.3d at 1056. “‘The offer of employment . . . must be definite’ . . . and ‘the claimant must act prudently with regard to his employer.’” Id. (citations omitted). However, we have also “consistently held that the mere possibility of obtaining another job, without a firm offer of employment, is insufficient to establish that employment was terminated for good cause.” Fernacz v. UCBR, 545 A.2d 995, 997 (Pa. Cmwlth. 1988).


As a matter of law, acceptance of a job that is contingent upon successful completion of a training program for only the prospect of better employment, as is the case here, does not constitute the requisite necessitous and compelling cause to qualify for UC benefits under the Law. See Fernacz, 545 A.2d at 997. “[A]lthough ‘the claimant may have personal, economic, or career reasons for making h[is] decision to leave the employer . . . that does not constitute a necessitous and compelling cause for voluntarily quitting.’” Solar Innovations, 38 A.3d at 1057 (citation omitted).




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