Opinion
September 25, 1956.
November 13, 1956.
Unemployment compensation — Voluntarily leaving work — Cause of a necessitous and compelling nature — Refusal of hourly wage increase — Unemployment Compensation Law.
In an unemployment compensation case, in which it appeared that claimant quit work, although continuing employment was available, solely because his request for an hourly wage increase was not granted, it was Held that claimant's unemployment was due to his voluntarily leaving work without cause of a necessitous and compelling nature, and that he was disqualified from receiving benefits under § 402 (b) of the Unemployment Compensation Law of December 5, 1936, P. L. 2897 (1937), as amended.
Before RHODES, P.J., GUNTHER, WRIGHT, WOODSIDE, ERVIN, and CARR, JJ. (HIRT, J., absent).
Appeal, No. 135, Oct. T., 1956, from decision of Unemployment Compensation Board of Review, Jan. 31, 1956, No. B-41028, in re claim of Iwan Ganzen. Decision affirmed.
Iwan Ganzen, appellant, in propria persona.
Sydney Reuben, Special Deputy Attorney General, for appellee.
Argued September 25, 1956.
Iwan Ganzen, claimant in this unemployment compensation case, was employed on a trial basis by the Adelphia Equipment Company. According to his signed statement, claimant was informed that he would receive $1.25 per hour, and that the employer "would observe my work and see if he could give me a raise". After working two days, claimant quit the job because the employer refused to increase the hourly wage rate, whereas claimant would not continue work for less than $1.50 per hour. The Bureau, Referee, and Board of Review denied benefits. This appeal by claimant followed.
It is readily apparent that claimant was not discharged or laid off, and that continuing employment was available. Claimant quit work solely because his request for an hourly wage increase was not granted. Since claimant's unemployment was due to his voluntarily leaving work without cause of a necessitous and compelling nature, he is disqualified from receiving benefits under the provisions of Section 402(b) of the Unemployment Compensation Law. Act of 1936, Dec. 5, P. L. [1937] 2897, as amended, 43 PS 802(b). Analogous cases are McGuire Unemployment Compensation Case, 169 Pa. Super. 467, 82 A.2d 324; Buletza Unemployment Compensation Case, 174 Pa. Super. 248, 101 A.2d 447; Goldstein Unemployment Compensation Case, 181 Pa. Super. 255, 124 A.2d 401; Drolles Unemployment Compensation Case, 181 Pa. Super. 575, 124 A.2d 159.
Decision affirmed.