63 Pa. Commw. 304 | Pa. Commw. Ct. | 1981
Lead Opinion
Opinion by
H & A Sales Company appeals an Unemployment Compensation Board of Review order granting benefits to Rhonda C. Spindler. We reverse.
Rhonda Spindler (then known as Richard) worked for H & A Sales for approximately four and one-half months as an industrial equipment salesperson, prior to obtaining a sex change operation. Based on her personal misgivings about her inability to meet and deal with her regular customers after the surgery, she voluntarily terminated her employment. The Board concluded Spindler quit for a necessitous and compelling reason and awarded benefits.
Our scope of review in an unemployment compensation case, where the party with the burden of proof has prevailed below, is limited to determining whether the Board’s findings are supported by substantial evidence or an error of law was committed. Remaly v. Unemployment Compensation Board of Review, 55 Pa. Commonwealth Ct. 551, 423 A.2d 814 (1980), citing, Frick v. Unemployment Compensation Board of Review, 31 Pa. Commonwealth Ct. 198, 375 A.2d 879 (1977).
We cannot conclude that a personal and anticipatory motivation for voluntarily terminating one’s employment constitutes a necessitous and compelling rea
Without some meaningful attempt by the claimant to remain a member of the labor force, we cannot condone this award of benefits. Claimant’s “change” was clearly necessary and important to her but does not rise to a necessitous and compelling reason to terminate employment.
Reversed.
Order
The order of the Unemployment Compensation Board of Eeview, No. B-179526 dated January 7,1980, is reversed.
Dissenting Opinion
Dissenting Opinion by
I respectfully dissent.
The unemployment compensation authorities found credible the claimant’s testimony that his return to work as a salesman of heavy industrial equipment to a regular clientele after a sex change operation would be emotionally and psychologically destructive and that the claimant was compelled by his physical con