G.L. Campanicki v. UCBR
G.L. Campanicki v. UCBR - 897 C.D. 2016
| Pa. Commw. Ct. | Feb 14, 2017Background
- Claimant Geraldine Lynn Campanicki worked part-time for USPS from Oct 6, 2015 to Nov 19, 2015; position was non‑career/part‑time with limited hours and training on a right‑hand drive jeep.
- Claimant’s husband had prior illness; when he appeared to relapse during Claimant’s first days on the job, Claimant cited his health and need for full‑time benefits as reasons to quit.
- Claimant resigned after four days; her written resignation cited husband’s health and need for full‑time work with benefits; she unsuccessfully attempted to return to her former employer (missed 30‑day window).
- Claimant applied for unemployment compensation; the UC Service Center, a Referee, and the UCBR found her ineligible under Section 402(b) for voluntarily leaving without a necessitous and compelling reason.
- The Referee credited employer testimony that the job was understood to be part‑time/non‑career, the jeep was adequate for the route, and additional vehicle training was optional; the court upheld the credibility findings and affirmed denial of benefits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Claimant had a "necessitous and compelling" reason to quit under Section 402(b) | Claimant quit to obtain full‑time work and benefits due to husband’s health and because employer misled her about future opportunities and vehicle adequacy | Employer argued Claimant knew job was part‑time/non‑career, vehicle was adequate, training optional, and Claimant’s reasons were personal and not reasonable efforts to preserve employment | Court held Claimant did not show necessitous and compelling cause; benefits denied |
Key Cases Cited
- Middletown Twp. v. Unemployment Comp. Bd. of Review, 40 A.3d 217 (Pa. Cmwlth. 2012) (elements required to show necessitous and compelling cause)
- Green v. Unemployment Comp. Bd. of Review, 529 A.2d 597 (Pa. Cmwlth. 1987) (family obligations can qualify but must be reasonable and in good faith)
- Brunswick Hotel & Conference Ctr., LLC v. Unemployment Comp. Bd. of Review, 906 A.2d 657 (Pa. Cmwlth. 2006) (dissatisfaction with working conditions alone is insufficient)
- Spadaro v. Unemployment Comp. Bd. of Review, 850 A.2d 855 (Pa. Cmwlth. 2004) (credibility and weight of evidence are for the factfinder)