181 Pa. Super. 185 | Pa. Super. Ct. | 1956
Opinion by
The claimant-plaintiff was last employed by Interstate Amiesite Corporation. He had earned a total of but $49.50 in this employment when he was laid off on September 4, 1954. On the same day he registered for work and filed his application for benefits at the local employment office. The bureau, the referee and the board in turn recognized that claimant’s separation from his last employment with Interstate Amiesite Corporation was valid; but they all found that he had
The burden of establishing good cause was upon the claimant (Sledzianowski Unemployment Compensation Case, 168 Pa. Superior Ct. 37, 76 A. 2d 666) ; this burden was not met. At the hearing before the referee claimant testified that he had been hired by Pioneer Construction Company as a “grade foreman” on a highway construction job at a weekly salary of $100. On his application for an increase of $25 in wages, he was granted only $10 per week additional. He also complained that the road work at Centralia, where he was employed from September 1953 until he quit in April 1954, was about 50 miles from his home and that he drove to and from work every day. To minimize the inconvenience of working away from home he rented a room in Centralia, but stayed there only one week, because, as he says, he had to drive six miles for his meals. These were the only reasons given by claimant before the referee for ending his employment. Before the referee however there was in evidence the wholly inconsistent statement which claimant had giv
The reasons assigned by claimant, even when cumulated, do not constitute good cause. The circumstances attending his final separation were neither compelling nor necessitous and therefore did not constitute a leaving with good cause. Allen Unemployment Compensation Case, 174 Pa. Superior Ct. 514, 517, 102 A. 2d 195. Claimant’s conduct did not meet the test of common sense and good faith. Kaylock Unemployment Compensation Case, 165 Pa. Superior Ct. 376, 67 A. 2d 801. He merely was dissatisfied with the conditions of his employment and his leaving was precipitated by a temperamental clash with his superintendent. He could have continued his employment with the construction company; his separation from his job therefore was voluntary. Labenski Unemployment Compensation Case, 171 Pa. Superior Ct. 325, 90 A. 2d 331.
Section 401(f) provides: “Compensation shall be payable to any employe who is or becomes unemployed, and who — (f) Has, subsequent to his voluntarily leaving work without good cause . . . been paid remuneration for services in an amount equal to or in excess of eight (8) times his weekly benefit rate . . .” Clearly claimant is barred under this provision of the law. He did not purge his disqualifying separation from his
Decision affirmed.