Friday, November 13, 2009

UC - voluntary quit - personal preference v. necessitous and compelling reason

Dopson v. UCBR - Cmwlth. Court - November 13, 2009

http://origin-www.courts.state.pa.us/OpPosting/Cwealth/out/1129CD09_11-13-09.pdf

Claimant requested an FMLA leave to go to South Carolina to help care for the young child of her son and daughter-in-law, who were finishing students teaching study for medical board tests, respectively. The court held that "Claimant did not quit her job to rejoin a spouse, but to temporarily relocate to assist her son and daughter-in-law. While laudable, this was her personal preference. This Court agrees with the Board that Claimant lacked a necessitous and compelling reason to terminate her employment." Hammond v. UCBR, 569 A.2d 1013 (Pa. Cmwlth. 1990),

The court distinguished decisions in Truitt v. UCBR, 527 Pa. 138, 589 A.2d 208 (1991), Beachem v. UCBR, 760 A.2d 68 (Pa. Cmwlth. 2000), and Wagner v. UCBR, 965 A.2d 324 (Pa. Cmwlth. 2009).