Spectrum Community Services, Inc. v. UCBR – Cmwlth. Court – May 24, 2021 – unreported memorandum decision**
Claimant held to have had necessitous and compelling reason to quit her job, where her employer had unjustly accused her of dishonesty and addressed her in abusive and profane manner over a period of time.
From the opinion –
Under Section 402(b) of the UC Law, “[w]here a claimant has voluntarily quit employment, in order to obtain benefits, [the claimant] must show that [the claimant] left [his or her] employment for necessitous and compelling reasons.” Collier Stone Co. v. UCBR., 876 A.2d 481, 484 (Pa. Cmwlth. 2005). Here, it is undisputed that Claimant voluntarily left her employment. Thus, the burden is on Claimant to show that she had a necessitous and compelling reason to do so. Latzy v. UCBR, 487 A.2d 121, 123 (Pa. Cmwlth. 1985).
To satisfy this burden, Claimant must demonstrate that: “(1) circumstances existed which produced real and substantial pressure to terminate employment; (2) such circumstances would compel a reasonable person to act in the same manner; (3) the claimant acted with ordinary common sense; and (4) the claimant made a reasonable effort to preserve [her] employment.” Brunswick Hotel & Conf. Ctr., LLC v. UCBR, 906 A.2d 657, 660 (Pa. Cmwlth. 2006). Whether a claimant had necessitous and compelling reasons for terminating his employment is a question of law subject to review by this Court. Wise v. UCBR., 111 A.3d 1256, 1261 (Pa. Cmwlth. 2015).
“Mere dissatisfaction with one’s working conditions does not constitute cause of a necessitous and compelling nature for terminating one’s employment.” Brunswick Hotel, 906 A.2d at 660. Likewise, “[p]ersonality conflicts, absent an intolerable work atmosphere, do not amount to a necessitous and compelling cause for leaving one’s employment.” Wert v. Unemployment Comp. Bd. of Rev., 41 A.3d 937, 940 (Pa. Cmwlth. 2012). However, the Court has recognized that “abusive conduct” may constitute a necessitous and compelling reason to voluntarily quit. First Fed. Sav. Bank v. UCBR., 957 A.2d 811, 816 (Pa. Cmwlth. 2008). This includes being called names or being “subject to criticism and ridicule from [a superior] that was uncalled for and incorrect.” Id. at 817. Similarly, an accusation of dishonesty or theft can serve as a necessitous and compelling reason to justify voluntarily quitting. Arufo, 391 A.2d at 45. Even “a single accusation, if the circumstances surrounding the incident warrant, may produce sufficient pressure to terminate employment that would compel a reasonable person to act.” Sol Neft Sports v. UCBR, 610 A.2d 539, 541 (Pa. Cmwlth. 1992) (emphasis omitted).
In addition to the above cases, the Court relied heavily on Arufo v. UCBR, 391 A.2d 43 (Pa. Cmwlth. 1978) and Indiana Univ. of Pa. v. UCBR, 202 A.3d 195 (Pa. Cmwlth. 2019)
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**An unreported, non-precedential Commonwealth Court case can be cited for its persuasive value but is not binding precedent. See 210 Pa. Code § 69.414(b) and Pa. R.A.P. 3716
