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Erickson Unempl. Compensation Case

Superior Court of Pennsylvania
Dec 12, 1963
195 A.2d 849 (Pa. Super. Ct. 1963)

Opinion

November 13, 1963.

December 12, 1963.

Unemployment Compensation — Voluntary termination of employment — Compelling and necessitous reason — Dissatisfaction with wages.

1. In an unemployment compensation case, in which it appeared that claimant attempted to secure an increase in his hourly wage rate by threatening to quit if it were not granted, the employer failed to agree to the increase, and claimant did not report to work the following week; and that several days later claimant offered to return at his former wage, but as he had already been replaced this offer was rejected; it was Held that the board was justified in finding that claimant had voluntarily terminated his employment without a compelling and necessitous reason.

2. Dissatisfaction with wages is not a compelling and necessitous reason for terminating employment.

Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.

Appeal, No. 207, April T., 1963, by claimant, from decision of Unemployment Compensation Board of Review, No. B-77987, in re claim of Raymond Erickson. Decision affirmed.

Richard DiSalle, with him George J. Modrak, for appellant.

Sydney Reuben, Assistant Attorney General, with him Walter E. Alessandroni, Attorney General, for Unemployment Compensation Board of Review, appellee.


Argued November 13, 1963.


The claimant in this unemployment compensation case was denied benefits by the bureau, referee, and the board because his unemployment was due to voluntarily leaving work without cause of a necessitous and compelling nature. See Unemployment Compensation Law, § 402(b)(1), as amended, 43 P. S. § 802(b)(1).

On Friday, September 14, 1962, the claimant, a carpenter layout man, attempted to secure an increase in his hourly wage rate from $2.60 to $3.00 by threatening to quit if it was not granted. The employer failed to agree to the increase. When the claimant did not report to work the following week, another employe was assigned to his job. On Wednesday the employer contacted the claimant concerning his back pay, and at that time he offered to return at his former wage, but as he had already been replaced, this offer was rejected.

Under these facts, the board was justified in finding that he voluntarily terminated his employment without a compelling and necessitous reason. Dissatisfaction with wages is not a compelling and necessitous reason for terminating employment: Keisling Unemployment Compensation Case, 198 Pa. Super. 345, 181 A.2d 717 (1962); Goldstein Unemployment Compensation Case, 181 Pa. Super. 255, 124 A.2d 401 (1956); McGuire Unemployment Compensation Case, 169 Pa. Super. 467, 82 A.2d 324 (1951).


Decision affirmed.


Summaries of

Erickson Unempl. Compensation Case

Superior Court of Pennsylvania
Dec 12, 1963
195 A.2d 849 (Pa. Super. Ct. 1963)
Case details for

Erickson Unempl. Compensation Case

Case Details

Full title:Erickson Unemployment Compensation Case

Court:Superior Court of Pennsylvania

Date published: Dec 12, 1963

Citations

195 A.2d 849 (Pa. Super. Ct. 1963)
195 A.2d 849

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