TaiLexi AI U.S. Case Law

Pierce Unemployment Compensation Case

Pierce Unemployment Comp. Case, 150 A.2d 148 (Pa. Super. Ct. 1959)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Superior Court of Pennsylvania · State Appellate Courts
Decided
April 16, 1959
Docket
Nos. , No. 55
Judges
Ervin, Gunther, Hirt, Rhodes, Watkins, Woodside, Wright
Citations
150 A.2d 148189 Pa. Super. 2461959 Pa. Super. LEXIS 400

Opinion of the Court — Wright

Text extracted by OCR from a scanned original; check the original for exact wording.

Opinion by Wright, J.,

Elizabeth R. Pierce was employed as office manager by Business Machines Supplies, Washington, Pennsylvania. Her last day of work was April 25, 1958. Her application for benefits was disallowed by the Bureau of Employment Security, the Referee, and the Board of Review on the ground that her unemployment was due to voluntarily leaving work without cause of a necessitous and compelling nature under Section 402(b) of the Unemployment Compensation Law. Act of December 5, 1936, P. L. (1937) 2897, 43 P.S. 802(b). This appeal followed.

The record discloses that appellant was employed for approximately nineteen months at a weekly salary of $60.00. Some ten weeks prior to her last day of work, because of dissatisfaction with her working conditions, appellant admittedly told her employer “to get someone else to replace me”. She continued to work until the employer found a replacement, at which time her employment terminated. Appellant’s position apparently is that, notwithstanding the notice she gave to her employer, she actually did not. quit but was dis *248 charged. This controlling issue of fact was determined adversely to appellant’s contention.

The burden was upon appellant to prove that she was entitled to benefits: Simon Unemployment Compensation Case, 188 Pa. Superior Ct., 613, 149 A. 2d 653 . The credibility of witnesses, the weight of their testimony, and the reasonable inferences to be drawn therefrom are for the Board, and it is the duty of the appellate court to view the evidence in the light most favorable to the party in whose favor the Board has found: Mollo Unemployment Compensation Case, 186 Pa. Superior Ct. 86 , 140 A. 2d 354 . We are not at liberty to disturb findings of fact which are supported by competent evidence: Junda Unemployment Compensation Case, 188 Pa. Superior Ct. 254 , 146 A. 2d 344 .

The record in the case at bar does not disclose any circumstances which would indicate that appellant had a sufficient .reason to leave her employment. Mere dissatisfaction with one’s working conditions does not constitute cause of a necessitous and compelling nature, Cf. Ray Unemployment Compensation Case, 189 Pa. Superior Ct. 104 , 149 A. 2d 536 . The Board of Review took the position that appellant had failed to sustain her burden of proof, and we find no reason to disturb its conclusion.

Decision affirmed..

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 11 cases

View all citing references →
1959: 51960: 11961: 519592026peak 1959 · 5

Relies on it most ⓘ

  1. Molton Unemployment Compensation Case166 A.2d 103 (Pa. Super. Ct. 1960)
  2. Busfield Unemployment Compensation Case155 A.2d 436 (Pa. Super. Ct. 1959)
  3. Anetakis v. Salvation Army156 A.2d 590 (Pa. Super. Ct. 1959)
  4. Cook Unemployment Compensation Case169 A.2d 594 (Pa. Super. Ct. 1961)
  5. Davis Unemployment Compensation Case171 A.2d 558 (Pa. Super. Ct. 1961)
  6. Hemmings Unemployment Compensation Case175 A.2d 916 (Pa. Super. Ct. 1961)

Most recent

  1. Hemmings Unemployment Compensation Case175 A.2d 916 (Pa. Super. Ct. 1961)
  2. Davis Unemployment Compensation Case171 A.2d 558 (Pa. Super. Ct. 1961)
  3. Ganss Unemployment Compensation Case171 A.2d 580 (Pa. Super. Ct. 1961)
  4. Cook Unemployment Compensation Case169 A.2d 594 (Pa. Super. Ct. 1961)
  5. Patelmo Unemployment Compensation Case169 A.2d 794 (Pa. Super. Ct. 1961)
  6. Molton Unemployment Compensation Case166 A.2d 103 (Pa. Super. Ct. 1960)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Mollo Unemployment Comp. Case, 140 A.2d 354 (Pa. Super. Ct. 1958) 16
Junda Unemployment Comp. Case, 146 A.2d 344 (Pa. Super. Ct. 1958) 4
Ray Unemployment Comp. Case, 149 A.2d 536 (Pa. Super. Ct. 1959) 3
Simon Unemployment Comp. Case, 149 A.2d 653 (Pa. Super. Ct. 1959) 4

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list