38 Pa. Commw. 126 | Pa. Commw. Ct. | 1978
Lead Opinion
Opinion by
A decision of the Unemployment Compensation Board of Review (Board) denying unemployment compensation benefits to Dorothy B. Hoy and Christine P. Beyer (Claimants) is the subject of this appeal.
Claimants were employees at the Sheetz Kwik Shopper in the Borough of Tyrone, Blair County,
Sometime after making their decisions, Claimants learned that Owner had contacted the Borough police and forbade them from informing his employees of the whereabouts of suspected criminals. Rather, the police were instructed to contact Owner and he, in
Claimants’ applications for unemployment compensation benefits were denied because the Board found that Claimants did not sustain their burden of proving that they terminated their employment for necessitous and compelling reasons under Section 402 of the Unemployment Compensation Law (Law), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §802(b)(l), which provides in pertinent part:
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. . . .
It is well established that one seeking unemployment compensation benefits has the burden of proving that his/her termination was with cause of a necessitous and compelling nature by being dictated by the application of common sense and prudence to real, substantial and reasonable factors rather than facts which are imaginary, trifling or whimsical. See Unemployment Compensation Board of Review v. Tune, 23 Pa. Commonwealth Ct. 201, 350 A.2d 876 (1976).
There is no question that the circumstances arousing Claimants’ concern for their safety were real and substantial. The enormity of the crime of murder is magnified when it occurs in small rural communities as is the fear and apprehension suffered by those who are threatened by it. The single issue before us, therefore, is whether Claimants’ conduct was reasonable and prudent under the circumstances.
Considering the nature of the potential crime, the probability of its occurrence, and the fact that Claimants were potential victims, we cannot declare Claim
Accordingly, we
Order
And Now, this 12th day of October, 1978, the decision of the Unemployment Compensation Board of Beview is reversed and the case is remanded to it for the computation of unemployment compensation benefits to Claimants Dorothy B. Hoy and Christine P. Beyer.
Dissenting Opinion
Dissenting Opinion by
I must respectfully dissent. I believe that the Board had ample reason for holding that the circumstances which precipitated the voluntary termination of the Claimants’ employment did not constitute cause of a necessitous and compelling nature.
In order to establish such cause the Claimants were required to prove that their leaving resulted “from circumstances which produce pressure to terminate employment that is both real and substantial, and which would compel a reasonable person under the circumstances to act in the same manner.” Taylor v. Unemployment Compensation Board of Review, 474 Pa. 351, 359, 378 A.2d 829, 832-33 (1977). This they did' not do to the Board’s satisfaction.
■ Although there was a contention here that the Claimants' were fearful of bodily harm, it does not seem to me to have been justifiable for them to leave their employment rather than to follow the reasonable instructions of the Owner-employer regarding precautions to be taken for their protection. He told theni that, if-.they believed their safety to be in jeopar