Opinion
September 28, 1950.
November 15, 1950.
Unemployment compensation — Voluntarily leaving employment — Good cause — Marriage — Accompanying husband — Unemployment Compensation Law.
1. The fact that an employe voluntarily leaves her employment to marry and to accompany her husband to another state does not constitute good cause within the meaning of § 402 (b) of the Unemployment Compensation Law of December 5, 1936, P. L. (1937) 2897, as amended by the Act of June 30, 1947, P. L. 1186, § 2.
2. Dames Unemployment Compensation Case, 158 Pa. Super. 564, followed.
Before RHODES, P.J., HIRT, RENO, DITHRICH, ROSS, ARNOLD and GUNTHER, JJ.
Appeal, No. 176, Oct. T., 1950, by claimant, Florence S. Handelsman, from decision of Unemployment Compensation Board of Review, dated March 29, 1950, No. B-20636, Appeal No. B-44-IB-97-J-1969, affirming decision of referee disallowing claim. Decision affirmed.
N. Carl Schwartz, for appellant.
William L. Hammond, Special Deputy Attorney General, with him Roland M. Morgan, Associate Counsel and Charles J. Margiotti, Attorney General, for appellee.
Argued September 28, 1950.
This is an unemployment compensation case in which the claimant was denied benefits by the bureau, the referee, and the Unemployment Compensation Board of Review. Claimant appealed to this Court.
Claimant was employed by the Perry Equipment Corporation, 1515 West Thompson Street, Philadelphia, Pennsylvania. On June 20, 1947, she resigned her position in order to be married and to accompany her husband to the state of New York, where he resided and where he was employed. The marriage took place on June 28, 1947.
The claims filed were disallowed on the ground that claimant voluntarily left her employment without good cause within the meaning of section 402 (b) of the Unemployment Compensation Law of December 5, 1936, P.L. (1937) 2897, § 402, as amended by the Act of June 30, 1947, P.L. 1186, § 2, 43 P. S. § 802 (b).
In Dames Unemployment Compensation Case, 158 Pa. Super. 564, 45 A.2d 909, we said that marriage is not a surrender to circumstances of the kind and quality that compel a decision to leave one's employment, and that no legal obligation rests upon a claimant to marry or to join her fiance. That case is applicable, and controls the instant case.
Decision of the Board is affirmed.