200 Pa. Super. 235 | Pa. Super. Ct. | 1963
Opinion by
The appellant in this unemployment compensation case was denied benefits by the bureau, referee and board.
She and her husband were employed in Lititz. They had previously lived in Waynesboro, where the claimant owned a house. The tenants in the claimant’s house “moved out and skipped rent,” so the claimant and her husband left their employment and returned to Waynesboro, where the husband worked on the claimant’s house and subsequently became employed. The claimant says she left her employment to follow her husband who voluntarily left his employment to look after her property in Waynesboro. It is evident,
The unemployment compensation authorities held that the claimant was disqualified under §402(b) (2) of the Unemployment Compensation Law, as amended. 43 P.S. §802(b)(2). This subsection disqualifies for benefits any employe whose unemployment is due to leaving work to accompany her spouse in a new locality: “Provided, however, That the provisions of this subsection (2) shall not be applicable if the employe during a substantial part of the six months either prior to such leaving or the time of filing either an application or claim for benefits was the sole or major support of his or her family, . . .”
The claimant contends that including the rent from her real estate
“Where the decision of the board is against the claimant, the question for us is whether the board’s findings of fact are consistent with each other and with its conclusion of law and its order, and whether the decision can be sustained without a capricious disregard of the competent evidence. Tronieri Unemployment Compensation Case, 164 Pa. Superior Ct. 435, 436, 65 A. 2d 426 (1949) Mettetal Unemployment Compensation Case, 187 Pa. Superior Ct. 291, 293, 144 A. 2d 586 (1958).
The board could have disqualified the claimant under §402(b) (1) which provides that “An employe shall be ineligible for compensation for any week — (b) (1) In which his unemployment is due to voluntarily leaving work without cause of a necessitous and compelling nature . . .” See Domico Unemployment Compensation Case, 198 Pa. Superior Ct. 327, 181 A. 2d 731 (1962) ; Naugle Unemployment Compensation Case, 194 Pa. Superior Ct. 420, 168 A. 2d 783 (1961). It is evident here that both the claimant and her husband quit their employment because they wished to return to their relatives and friends and reside in a community where the claimant owned real estate. This was not a cause of necessitous and compelling nature for them to voluntarily leave available employment. The ineligibility created by voluntarily leaving their employment without good cause applies to both of them, and one of them cannot remove the ineligibility imposed by such voluntarily leaving on the theory that he or she is following
Decision affirmed.
Her claim of $483 “net” rent from real estate during the last six months of her employment does not take into consideration taxes, insurance, repairs or depreciation.