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Mann v. Unempl. Comp. Bd. of Review et al

Commonwealth Court of Pennsylvania
Mar 7, 1979
398 A.2d 743 (Pa. Cmmw. Ct. 1979)

Opinion

Argued February 8, 1979

March 7, 1979.

Unemployment compensation — Voluntary termination — Cause of a necessitous and compelling nature — Dissatisfaction with working conditions.

1. Dissatisfaction with working conditions is not a cause of a necessitous and compelling nature for the termination of employment, and a person voluntarily terminating employment for such a reason is ineligible for unemployment compensation benefits. [120-1]

Argued February 8, 1979, before Judges ROGERS, BLATT and MacPHAIL, sitting as a panel of three.

Appeal, No. 2228 C.D. 1977, from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Katherine V. Mann, No. B-127487-B.

Application to the Bureau of Employment Security for unemployment compensation benefits. Application denied. Applicant appealed to the Unemployment Compensation Board of Review. Denial affirmed. Denial reaffirmed following reconsideration. Applicant appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.

Van P. Broswell, with him Franklin D. Green, for petitioner.

Reese F. Couch, Assistant Attorney General, with him Robert P. Kane, Attorney General, for respondent.


The issue in this unemployment compensation case is whether Katherine V. Mann, the claimant, who clearly quit her work as an EKG Technician with John F. Kennedy Hospital, did so for causes of necessitous and compelling nature. The claimant who was afforded two hearings by the Unemployment Compensation Board of Review testified that she quit her work because she believed that patients at the hospital were not receiving proper medical care, because she considered her supervisor to be arrogant as well as lacking in education and training, and because other employees of the hospital did not do the claimant's work while the claimant was on vacation, leaving backlogs for her to do when she returned. Aside from the fact that the Board expressly stated its disbelief of these criticisms of the hospital and other employees, the complaints themselves amount to nothing more than expressions of the claimant's dissatisfaction with her working conditions. Mere dissatisfaction with working conditions is not necessitous and compelling cause for voluntarily leaving employment. Nolte v. Unemployment Compensation Board of Review, 24 Pa. Commw. 541, 358 A.2d 114 (1976).

Order affirmed.

ORDER

AND NOW, this 7th day of March, 1979, the order of the Unemployment Compensation Board of Review is affirmed.


Summaries of

Mann v. Unempl. Comp. Bd. of Review et al

Commonwealth Court of Pennsylvania
Mar 7, 1979
398 A.2d 743 (Pa. Cmmw. Ct. 1979)
Case details for

Mann v. Unempl. Comp. Bd. of Review et al

Case Details

Full title:Katherine v. Mann, Petitioner v. Commonwealth of Pennsylvania…

Court:Commonwealth Court of Pennsylvania

Date published: Mar 7, 1979

Citations

398 A.2d 743 (Pa. Cmmw. Ct. 1979)
398 A.2d 743

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