Opinion
April 16, 1958.
June 11, 1958.
Unemployment compensation — Voluntary termination of employment — Belief that benefits would not be payable in event of discharge — Unemployment Compensation Law.
In an unemployment compensation case, in which it appeared that claimant voluntarily terminated his employment, believing, without any official information, that he was going to be discharged and that, if he did not resign instead, he would not be eligible to receive unemployment compensation, it was Held that the board properly concluded that claimant had failed to show any meritorious or compelling reason for the voluntary termination of his employment and that, therefore, he was ineligible for benefits under § 402 (b) of the Unemployment Compensation Law.
Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ.
Appeal, No. 20, April T., 1958, by claimant, from decision of Unemployment Compensation Board of Review, dated September 17, 1957, No. B-45480, in re claim of Benjamin J. Mason. Decision affirmed.
Benjamin J. Mason, appellant, in propria persona.
Sydney Reuben, Assistant Attorney General, with him Thomas D. McBride, Attorney General, for appellee.
Argued April 16, 1958.
Claimant in this unemployment compensation case has appealed from the decision of the Board of Review disqualifying him from receiving benefits under the provisions of section 402 (b) of the Unemployment Compensation Law, 43 P. S. § 802 (b). Claimant was last employed by the Universal Atlas Cement Company. On April 26, 1957, he telephoned the supervisor of industrial relations of that company and stated that he had resigned. Claimant did not thereafter report for work. He admittedly terminated his employment of his own accord. He testified: "Q. Then the reason you terminated your employment, according to what you testified, you were of the opinion you were going to be discharged and would lose your $35 a week? A. Yes, sir. Q. Were you told you would lose your $35 a week by the bureau representative? A. I know if you are discharged you are unable to collect unless it is for necessitous reasons. Q. Then your assumption was your own and not from any official information? A. I believe, we all believe . . . Q. Was it your own or official information? A. My own."
Claimant was not laid off or dismissed. He could have continued his employment.
The board properly concluded that the claimant had failed to show any meritorious or compelling reason for the voluntary termination of his employment. See Kaminski Unemployment Compensation Case, 174 Pa. Super. 242, 101 A.2d 132.
Decision is affirmed.