Cortez v. UCBR – Cmwlth. Court – May 30, 2023 – unreported memorandum opinion**
https://www.pacourts.us/assets/opinions/Commonwealth/out/776CD22_5-30-23.pdf?cb=1
“A claimant who voluntarily terminates his employment has the burden of proving that a necessitous and compelling cause existed.” Solar Innovations, Inc. v. UCBR., 38 A.3d 1051, 1056 (Pa. Cmwlth. 2012). Our Court has held that the receipt and acceptance of a firm offer of employment constitutes cause of a necessitous and compelling nature. Id. A firm offer of employment is one that contains the specific conditions of employment, such as wages, hours, duties, and a starting date. Baron v. UCBR., 384 A.2d 271, 272 (Pa. Cmwlth. 1978). “The offer of employment, however, must be definite, and the claimant must act prudently with regard to his employer.” N. Huntingdon, 450 A.2d at 769. While “the receipt and acceptance of a firm offer of employment does constitute termination for cause of a necessitous and compelling nature . . . [t]he mere possibility of obtaining another job is insufficient to establish that employment was terminated for good cause.” Solar Innovations, 38 A.3d at 1056-57 (emphasis added).
In determining whether the claimant had a firm offer of work justifying his voluntary quit, our case law instructs that the operative date is the date the claimant resigns, not the claimant’s last day of work. See N. Huntingdon, 450 A.2d at 770 (looking to the terms of the claimant’s offer of employment “at the time [the c]laimant tendered his resignation” to determine if the offer was, in fact, definite) (emphasis added); UCBR. v. Pa. Power & Light Co., 351 A.2d 698, 700 (Pa. Cmwlth. 1976) (concluding that, based on the circumstances surrounding his offer of employment at the time the claimant submitted his notice of resignation, the test for necessitous and compelling cause was met); see also Lane v. UCBR. (Pa. Cmwlth., No. 576 C.D. 2014, filed Oct. 21, 2014), slip op. at 2-4 (affirming the denial of UC benefits where “[t]he Board found that [the] ‘claimant ha[d] not credibly established that he had a firm offer of other employment at the time he quit’” and where “‘[t]he claimant admit[ted] that he tendered his resignation notice without having a start date for the other employment’”) (quoting the Board’s decision) (emphasis added).
** An unreported decision of the Commonwealth Court can be cited “for its persuasive value, but not as binding precedent” under 210 Pa. Code 69.414 (citing judicial opinions in filings).
