L.S. Bowersox v. UCBR
L.S. Bowersox v. UCBR - 1360 C.D. 2016
| Pa. Commw. Ct. | Mar 16, 2017Background
- Claimant Lexi Bowersox worked part-time as a receptionist for Somerset Chiropractic from Aug. 2012 to Oct. 23, 2015; she resigned effective Oct. 30, 2015, then twice asked to be rehired but was refused, making Oct. 23 her last day.
- Bowersox alleged supervisor Mrs. Connelly yelled at her, sometimes refused face-to-face communication, and communicated by notes (e.g., thermostat note); she testified these actions created a hostile work environment.
- Employers (the Connellys) denied mistreatment, testified they treated Claimant in a business-like manner, and said there were no performance issues.
- The UC Service Center initially granted benefits; a Referee reversed; the Board remanded to consider discharge issues and then found Claimant voluntarily quit without necessitous and compelling cause under Section 402(b).
- The Board credited Employer’s testimony, rejected Claimant’s hostile-work-environment claim, and concluded Claimant failed to preserve employment before quitting; Claimant appealed to this Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Claimant had a "necessitous and compelling" reason to quit under 43 P.S. §802(b) | Mistreatment (yelling, refusal to speak, notes) created intolerable workplace justifying resignation | Conduct was at most a personality conflict / normal supervisory discipline and not intolerable | Court held Claimant did not establish a necessitous and compelling cause; affirmed denial of benefits |
| Whether Referee failed to assist pro se Claimant adequately | Referee did not allow time to review record and did not help develop relevant evidence | Referee provided reasonable assistance but not advocacy; claimant must bear some risk of self-representation | Court held Referee provided adequate assistance; no error |
| Whether Board reviewed all evidence and procedural fairness was satisfied | Board failed to review transcripts and procedural errors (bias, late service of documents, missing questionnaires) | Any procedural irregularities did not prejudice Claimant; she had two hearings to present her case | Court held no prejudicial procedural error; hearings were fair |
Key Cases Cited
- Danner v. Unemployment Compensation Board of Review, 443 A.2d 1211 (Pa. Cmwlth. 1982) (claimant bears burden to prove voluntary resignation was for necessitous and compelling reasons)
- Ann Kearney Astolfi DMD PC. v. Unemployment Compensation Board of Review, 995 A.2d 1286 (Pa. Cmwlth. 2010) (personality conflicts and uncomfortable work atmosphere may be insufficient to show necessitous and compelling cause)
- Lynn v. Unemployment Compensation Board of Review, 427 A.2d 736 (Pa. Cmwlth. 1981) (reprimand, personality conflicts and disappointment do not alone constitute necessitous and compelling cause)
- Taylor v. Unemployment Compensation Board of Review, 378 A.2d 829 (Pa. 1977) (repeated racial slurs can constitute necessitous and compelling reason to quit)
- Mercy Hospital of Pittsburgh v. Unemployment Compensation Board of Review, 654 A.2d 264 (Pa. Cmwlth. 1995) (repeated derogatory name-calling by co-workers can support necessitous and compelling cause if employer is given chance to remedy)
- Vann v. Unemployment Compensation Board of Review, 494 A.2d 1081 (Pa. 1985) (referee must assist pro se party but not act as advocate)
- Brennan v. Unemployment Compensation Board of Review, 487 A.2d 73 (Pa. Cmwlth. 1985) (referee should not assume role of claimant’s advocate)
- D.Z. v. Bethlehem Area School District, 2 A.3d 712 (Pa. Cmwlth. 2010) (claimant alleging procedural error must show prejudice)
- First Federal Savings Bank v. Unemployment Compensation Board of Review, 957 A.2d 811 (Pa. Cmwlth. 2008) (standards of appellate review for Board decisions)