186 Pa. Super. 37 | Pa. Super. Ct. | 1958
Opinion by
This is an unemployment compensation case in which the claimant was denied compensation because she refused employment as a typist.
Section 402(a) of the Unemployment Compensation Law of December 5, 1936, P. L. (1937) 2897, 43 PS §802(a) provides that “An employe shall be ineligible for compensation for any week—(a) In which his unemployment is due to failure, without good cause, either to apply for suitable work at such time and in such manner as the department may prescribe, or to accept suitable work when offered to him . .
“Suitable work” is defined to mean “all work which the employe is capable of performing. In determining whether or not any work is suitable for an individual,
The claimant had registered as a typist and bookkeeper with Manpower, Inc., a corporation engaged in the business of supplying various services, including temporary clerical and office employees to other individuals, firms and organizations. She accepted two short assignments as a typist. She then accepted a position as a bookkeeper earning $1.75 per hour. Subsequently, she received a position as a bookkeeper at $2 per hour. After three months she left this employment to have a surgical operation. When she was able to return to work, she registered for employment, and eight days later was offered an assignment by Manpower, Inc. as a typist at $1.30 per hour. She refused to accept the proffered employment because she desired to do bookkeeping.
The only question presented to v. is whether she is barred from receiving unemployment compensation because of a refusal to accept suitable work. The bureau held she was not entitled to compensation; the referee held she was; the board reversed the order of the referee and denied her compensation. She appealed to this Court.
The claimant did not have good cause for refusing the job referral made by Manpower, Inc. "There can be no good cause which does not rest on good faith." Brilhart Unemployment Compensation Case, 159 Pa. Superior Ct. 567, 569, 49 A. 2d 260 (1946). "Good faith, in this context, embraces not only the merely negative virtue of freedom from fraud but also positive conduct which is consistent with a genuine desire to work and to be self-supporting." Hassey Unemployment Compensation Case, 162 Pa. Superior Ct. 14, 17, 56 A. 2d 400 (1948); Vernon Unemployment Compensation Case, 164 Pa. Superior Ct. 131, 63 A. 2d 383 (1949).
A claimant who seeks benefits must at all times be ready and willing to accept suitable employment from the employment office, or from any employer, and must have substantive and reasonable grounds for refusing offered work. Sweeney Unemployment Compensation Case, supra, 177 Pa. Superior Ct. 243, 110 A. 2d 843 (1955).
The record reveals that she did not wish to accept the type of work offered. “I did not intend to accept typing jobs as they do not pay well and I do not care to type,” she said. “My actual reason for refusal was
Decision of the Board is affirmed.