Smith v. Unemployment Comp. Bd. of Rev.

The Pennsylvania Commonwealth Court reviewed an Unemployment Compensation Board of Review order that denied the claimant unemployment compensation under Section 402(b) of the Unemployment Compensation Law. That provision generally prohibits payment to individuals who leave work without cause of a necessitous and compelling nature. The claimant was a school janitor and had an altercation with another employee. The question became whether he voluntarily resigned or was discharged. The Commonwealth Court affirmed and held that the claimant did not quit because he would otherwise be imminently discharged. Instead, he opted to be terminated because he “wasn’t really enthused about going back to work.” Same here, buddy.

Smith