From Casetext: Smarter Legal Research

LaTruffe v. Commonwealth

Commonwealth Court of Pennsylvania
Dec 9, 1982
453 A.2d 47 (Pa. Cmmw. Ct. 1982)

Summary

holding that a claimant had a necessitous and compelling reason to quit his employment where the employer wrongfully refused to pay him for one day's work

Summary of this case from Weavertown Transp. Leasing v. Unemployment Comp. Bd. of Review

Opinion

December 9, 1982.

Unemployment compensation — Voluntary termination of employment — Compelling cause — Wrongful refusal to pay wages.

1. In an unemployment compensation case, an employer's wrongful refusal to pay a day's wages, unremedied after protest, can constitute compelling cause for a voluntary termination of employment. [324]

Submitted on briefs November 17, 1982, before Judges ROGERS, WILLIAMS, JR. and CRAIG, sitting as a panel of three.

Appeal, No. 1102 C.D. 1981, from the Order of the Unemployment Compensation Board of Review in the case of In Re: Claim of Edward Seitel, No. B-194063.

Application to the Office of Employment Security for unemployment compensation benefits. Application denied. Applicant appealed. Appeal sustained and benefits granted by referee. Employer appealed to the Unemployment Compensation Board of Review. Appeal denied. Employer appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.

Jonathan Glenn Granoff, Barsky, Golden Remick, P.C., for petitioner.

Richard C. Lengler, Associate Counsel, with him Richard L. Cole, Jr., Chief Counsel, for respondent.


In this unemployment compensation case, the restaurant employer, LaTruffe, has appealed from a decision of the Unemployment Compensation Board of Review awarding benefits to the claimant, despite his voluntary termination, on the ground that he had cause to quit because, as the referee and board found,

the employer refused to compensate him for working on December 23, 1980 which would normally have been his day off.

Concomitant findings, based upon testimony of the claimant uncontradicted at the hearing, were that the claimant had previously always been paid for extra days' work, that the employer did not inform claimant that he would not be paid for working on his day off, and that the claimant tried to resolve the situation by discussion with the employer, without success. We agree with the board that these findings must stand, in the face of post-hearing allegations and letters from the employer, because the employer failed to present evidence at the hearing or request a continuance or remand, notwithstanding the hearing notice.

The question of law is whether a wrongful refusal to pay a day's wages, unremedied after protest, can constitute compelling cause for voluntary termination. Following our conclusion in Emgee Engineering Company v. Unemployment Compensation Board of Review, 30 Pa. Commw. 290, 373 A.2d 779 (1977) that several instances of tardy wage payments could constitute sufficient cause, we determined in Frey v. Unemployment Compensation Board of Review, 34 Pa. Commw. 581, 383 A.2d 1326 (1978), that underpayment of wages over a period of time was also sufficient cause to quit.

Koman v. Unemployment Compensation Board of Review, 61 Pa. Commw. 604, 435 A.2d 277 (1981) is distinguishable because there had been no demand in that case to rectify the pattern of tardy payments, and the employer did remedy two underpayment instances.

Although the refusal to pay wages here involved only one day's work, the uncontradicted record establishes that the refusal was wrongful and that the employer remained obdurate in adhering to it. A contrary view would permit an employer to require a worker to submit to denial of a day's pay under pain of loss of unemployment benefits. As the scriptural admonition states, the laborer is worthy of his hire.

ORDER

NOW, December 9, 1982, the order of the Unemployment Compensation Board of Review, Decision No. B-194063 dated April 3, 1981, is affirmed.


Summaries of

LaTruffe v. Commonwealth

Commonwealth Court of Pennsylvania
Dec 9, 1982
453 A.2d 47 (Pa. Cmmw. Ct. 1982)

holding that a claimant had a necessitous and compelling reason to quit his employment where the employer wrongfully refused to pay him for one day's work

Summary of this case from Weavertown Transp. Leasing v. Unemployment Comp. Bd. of Review
Case details for

LaTruffe v. Commonwealth

Case Details

Full title:LaTruffe, Petitioner v. Commonwealth of Pennsylvania, Unemployment…

Court:Commonwealth Court of Pennsylvania

Date published: Dec 9, 1982

Citations

453 A.2d 47 (Pa. Cmmw. Ct. 1982)
453 A.2d 47

Citing Cases

Weavertown Transp. Leasing v. Unemployment Comp. Bd. of Review

The "underpayment of wages over a period of time [is] also sufficient cause to quit." LaTruffe v.…

Thomas v. Dept. of Emp. Training Serv

Although Thomas voluntarily left his employment, if the Fair Labor Standards Act (Act) is applicable to his…