Monday, February 27, 2017

UC - vol. quit - child care issues - on-call job - short advance notice

Vital Support Home Health Care Agency v. UCBR โ€“ Cmwlth. Court โ€“ Feb. 24, 2017 โ€“ unreported memorandum decision

Claimant had good cause to quit her job as home health aid where, after her long-time client moved, employer offered her only on-call work with only one-hour advance notice.  Claimant had three young children and needed child care.

The inability to find childcare on short notice, with communication to the employer, may constitute a necessitous and compelling cause for voluntarily terminating employment. Truitt v. UCBR, 589 A.2d 208, 210 (Pa. 1991); Blakely v. UCBR, 464 A.2d 695, 696 (Pa. Cmwlth. 1983). However, generally in order to justify quitting based on lack of childcare, a claimant must establish that he or she exhausted all other alternative childcare arrangements before voluntarily terminating employment. Beachem v. UCBR, 760 A.2d 68, 72 (Pa. Cmwlth. 2000).  Claimant did so in this case

*An unreported Commonwealth Court case may not be cited binding precedent but can be cited for its persuasive value.  See 210 Pa. Code ยง 69.414(b) and Pa. R.A.P.  3716

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