A v. Kiaturka v. UCBR, 314 C.D. 2017

Claimant Aleh Kiaturka worked full-time in maintenance for Deaktor Development from Jan 31, 2011 to Aug 25, 2016 and applied for unemployment benefits after his separation.
Employer introduced a new uniform policy (company shirt); on Aug 25, 2016 Claimant refused to wear the shirt, returned keys/tools, walked out, and later declined an offer to return.
Employer witnesses (executive VP, president, two staff) testified that Claimant quit; one staff emailed Claimant confirming he had quit and requesting his timesheet; Employer produced a prior dress-code memo.
Claimant contended he was discharged, alleged documents were fabricated or backdated, and later asserted a free-expression claim that he did not raise at the Referee hearing.
The Referee found Claimant voluntarily quit and that the uniform requirement was a reasonable change; the Board adopted the Referee’s findings and denied benefits under 43 P.S. §802(b). Claimant appealed to this Court.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether separation was a discharge or voluntary quit	Kiaturka: He was fired when asked to leave keys/tools; documents are false	Employer: Claimant refused shirt, returned keys, left, and later declined to return	Court: Substantial evidence supports Board’s finding Claimant voluntarily quit
Whether the quit was for a "necessitous and compelling" cause under §402(b)	Kiaturka: Uniform requirement was a change in terms and violated his expression rights	Employer: Uniform was a reasonable, non‑unilateral modification; claimant made no reasonable effort to preserve employment	Court: Uniform was a reasonable change; claimant failed to show necessitous and compelling cause; benefits denied
Admissibility/consideration of extra-record documents attached to appeal	Kiaturka: Attached multiple documents supporting his position	Board/Employer: Documents were not in the certified record and should be excluded	Court: Extra-record documents excluded; appellate review limited to certified record
Waiver of constitutional free-expression claim	Kiaturka: Employer infringed his freedom of expression by requiring the shirt	Employer: Claimant failed to raise this issue before the Referee	Court: Issue waived for failure to raise at agency level; not considered on appeal

Key v. Unemployment Compensation Board of Review, 687 A.2d 409 (Pa. Cmwlth. 1996) (burden on claimant to prove separation was a discharge)
Taylor v. Unemployment Compensation Board of Review, 378 A.2d 829 (Pa. 1977) (Board findings of fact conclusive if supported by substantial evidence)
Stiffler v. Unemployment Compensation Board of Review, 438 A.2d 1058 (Pa. Cmwlth. 1982) (standard for "necessitous and compelling" cause)
Collier Stone Co. v. Unemployment Compensation Board of Review, 876 A.2d 481 (Pa. Cmwlth. 2005) (reasonableness test for job modifications and claimant’s duty to preserve employment)
Dehus v. Unemployment Compensation Board of Review, 545 A.2d 434 (Pa. Cmwlth. 1988) (issues not raised before the referee are waived on appeal)