Havrilchak v. Unemployment Compensation Board of Review
133 A.3d 800
| Pa. Commw. Ct. | 2015Background
- Claimant Michele Havrilchak worked full-time as a medical technician and took maternity leave from September 2014; her leave was extended to early January 2015.
- On January 3, 2015, her physician released her to return to work; Havrilchak requested to return part-time to "acclimate" after the birth.
- Employer had no part-time openings and offered only her prior full-time position; Havrilchak declined to return full-time.
- Employer sent a letter stating refusal to return full-time ended the employment relationship; Havrilchak applied for UC benefits which were denied.
- A referee and the Unemployment Compensation Board of Review found the separation was a voluntary quit and that Havrilchak failed to prove a necessitous and compelling reason (medical necessity) for leaving.
- The Commonwealth Court affirmed, holding she voluntarily quit, did not present medical documentation showing inability to work full-time, and did not make reasonable efforts to preserve employment.
Issues
| Issue | Havrilchak's Argument | Employer/Board's Argument | Held |
|---|---|---|---|
| Whether the separation was a voluntary quit or a discharge | Havrilchak contends Employer terminated her despite willingness to return and she lacked an opportunity to explain her medical condition | Employer maintained it offered her full-time work; Havrilchak refused, so the separation was voluntary | Court held the record shows a voluntary quit: Havrilchak voluntarily restricted hours and knew no part-time position existed, so refusal to return full-time was a quit |
| Whether Havrilchak showed a "necessitous and compelling" reason (medical) to quit | She asserted postpartum depression/anxiety justified part-time accommodation until acclimated | Board/Employer argued she was released to full-time work, submitted no medical documentation to Employer establishing necessity, and did not reasonably try to preserve employment | Court held she failed to meet burden: no medical evidence showing inability to work full-time, no documentation provided to Employer, and no reasonable effort to preserve employment; benefits denied |
Key Cases Cited
- Pa. Liquor Control Bd. v. Unemployment Comp. Bd. of Review, 648 A.2d 124 (Pa. Cmwlth. 1994) (totality of facts determines quit vs. discharge)
- Senkinc v. Unemployment Comp. Bd. of Review, 601 A.2d 418 (Pa. Cmwlth. 1991) (claimant may not unilaterally change employment terms from full-time to part-time)
- Brunswick Hotel & Conference Ctr., LLC v. Unemployment Comp. Bd. of Review, 906 A.2d 657 (Pa. Cmwlth. 2006) (discontent with hours/conditions is not necessitous and compelling cause)
- Solar Innovations, Inc. v. Unemployment Comp. Bd. of Review, 38 A.3d 1051 (Pa. Cmwlth. 2012) (elements required to prove necessitous and compelling reason)
- Genetin v. Unemployment Comp. Bd. of Review, 451 A.2d 1353 (Pa. 1982) (burden to establish medical condition as compelling reason)
- Bonanni v. Unemployment Comp. Bd. of Review, 519 A.2d 532 (Pa. Cmwlth. 1986) (claimant must submit medical documentation to employer to substantiate medical necessity)
- Monaco v. Unemployment Comp. Bd. of Review, 565 A.2d 127 (Pa. 1989) (choosing to leave when offered alternatives supports voluntary quit)
- Stugart v. Unemployment Comp. Bd. of Review, 85 A.3d 606 (Pa. Cmwlth. 2014) (claimant submissions/admissions can independently support Board findings)