Summary
In Wilson, the claimant worked for a trucking company and voluntarily quit his employment because he was dissatisfied with his burdensome job duties.
Summary of this case from Huling v. Unemployment Comp. Bd. of ReviewOpinion
April 13, 1982.
Unemployment compensation — Voluntary termination — Dissatisfaction with working conditions — Cause of necessitous and compelling nature — Efforts to preserve employment.
1. An employe who quits his job because of dissatisfaction with his working conditions without discussing his complaints or making a reasonable effort to preserve his employment is properly found to have voluntarily terminated employment without a cause of a necessitous and compelling nature, precluding his receipt of unemployment compensation benefits. [94-5]
Submitted on briefs March 1, 1982 to Judges CRAIG, MacPHAIL and DOYLE, sitting as a panel of three.
Appeal, No. 1764 C.D. 1980, from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Robert E. Wilson, No. B-185471.
Application with the Office of Employment Security for unemployment compensation benefits. Application denied. Applicant appealed to the Unemployment Compensation Board of Review. Denial affirmed. Applicant appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
Marion B. Cocose, with her Marian E. Frankston, for petitioner.
Charles Hasson, Associate Counsel, for respondent.
Claimant Robert Wilson, last employed as a truck driver by the S S Trucking Company, questions a denial of benefits by the Unemployment Compensation Board of Review, affirming a referee's decision that he was ineligible because he voluntarily terminated his employment without cause of a necessitous and compelling nature.
Section 402(b)(1) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P. S. § 802(b)(1).
Dissatisfied with job duties which required that he unload heavy furniture without assistance, the claimant did not report back to work after returning the truck to his employer's premises at the end of a nine-day trip.
Although the unloading duties, as claimant described them, appeared to present difficulties needing some resolution and remedy, the claimant's failure to discuss his complaints with the company president, who had previously explained the job duties, or to request lighter work, demonstrated that the claimant lacked the requisite prudence in quitting, Deiss v. Unemployment Compensation Board of Review, 475 Pa. 547, 381 A.2d 132 (1977), Aluminum Company of America v. Unemployment Compensation Board of Review, 15 Pa. Commw. 78, 324 A.2d 854 (1974), and made no reasonable effort to preserve his employment status, Stacy v. Unemployment Compensation Board of Review, 43 Pa. Commw. 355, 402 A.2d 330 (1979), thus disqualifying him from eligibility. Tuono v. Unemployment Compensation Board of Review, 54 Pa. Commw. 583, 422 A.2d 240 (1980).
Determining that there is ample evidence to support the board's findings and ascertaining no errors of law, we affirm. Ounan v. Unemployment Compensation Board of Review, 48 Pa. Commw. 432, 409 A.2d 972 (1980).
ORDER
NOW, April 13, 1982, the order of the Unemployment Compensation Board of Review, No. B-185471, dated June 27, 1980, is affirmed.