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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