78 Pa. Commw. 514 | Pa. Commw. Ct. | 1983
Opinion by
Before this Court is an appeal by Diane M. Steck (Petitioner) from a decision of the Unemployment Compensation Board of Review (Board) denying unemployment compensation benefits on the grounds that Petitioner voluntarily terminated her employment without establishing cause of a necessitous and compelling nature. See Section 402(b) of the Pennsylvania Unemployment Compensation Law
The facts in this matter are undisputed. Petitioner was employed as a teacher’s aide by the Penn-crest School District from 1972 through May 29,1981, at which time she quit her job so as to be able to move to Arizona with her husband and two children. The move was undertaken at the direction of Petitioner’s husband’s physician who indicated that, be
It is the burden of the employee, to be eligible for unemployment compensation, to establish that a voluntary termination of employment was for cause of a necessitous and compelling nature. Kleban v. Unemployment Compensation Board of Review, 73 Pa. Commonwealth Ct. 540, 459 A.2d 53 (1983). Where,
In her appeal to this Court, Petitioner asserts that the Board erred as a matter of law in denying her benefits. We are constrained to agree. The instant matter arose after a 1980 amendment to Section 402 (b) of the Law
When the Legislature in 1955 removed the specific exception of the 1953 amendment precluding marital, filial and domestic circumstances and obligations from being good cause within the meaning of the Act, the Legislature intended those obligations again to be good cause, as had been held prior to the 1953 exception.
Id. at 507, 165 A.2d at 377. And, as stated in Kleban:
Mindful that the Law was intended to be remedial legislation which is to be liberally and broadly construed, we are compelled to follow the analysis used by the Supreme Court in Savage, in interpreting the legislature’s intent in repealing that portion of §402 (b) which expressly excluded certain family reasons as a cause of necessitous and compelling nature, justifying one’s termination from work. Hence we must conclude that the family obligation of joining a relocated spouse can constitute a “necessitous and compelling reason” to leave one’s employment. (Emphasis added.) (Footnote deleted.)
Id. at 545-6, 459 A.2d at 55-56. A claimant voluntarily terminating employment for family obligations must of course still establish that the action was reasonable and undertaken in good faith. Kleban. In circumstances such as those now confronting us, the primary concern is with the actual reason for the move of the family. Wheeler. Since Petitioner’s husband moved
Order
Now, November 25,1983, the decision and order of the Unemployment Compensation Board of Beview in the above captioned matter, No. B-204134, dated April 2,1982, is hereby reversed.
Act of December 5, 1936, Second Ex, Sess., P.D. (1937) 2897, as amended.
The form was filled out by the Office of Employment Security in a fashion that indicated it found that Petitioner had left her employment for cause of a necessitous and compelling nature but that it was disapproving benefits pursuant to Sections 401(d)(1) and 402(b) of the Law, 43 P.S. §§801(d) (1) and 802(b).
Section 13 of the Act, of July 10, 1980, P.L. 521.
The clause which, prior to its deletion by the amendment of 1980, constituted Section 402(b) (2) of the Law, 43 P.S. §802(b) (2), was declared unconstitutional by this Court in Wallace v. Unemployment Compensation Board of Review, 38 Pa. Commonwealth Ct. 342, 393 A.2d 43 (1978).
Wheeler v. Unemployment Compensation Board of Review, 69 Pa. Commonwealth Ct. 201, 450 A.2d 775 (1982).
Snow v. Unemployment Compensation Board of Review, 61 Pa. Commonwealth Ct. 396, 433 A.2d 922 (1981).
Davis v. Unemployment Compensation Board of Review, 69 Pa. Commonwealth Ct. 585, 452 A.2d 93 (1982).
Petitioner, who appeared at the referee’s hearing in Pennsylvania without counsel, has raised as alternative grounds for appeal the failure of the referee to adequately assist her in the development of her case by ashing her questions pertaining to the necessitous and compelling circumstances behind her termination of employment. See Snow v. Unemployment Compensation Board of Review, 61 Pa. Commonwealth Ct. 396, 433 A.2d 922 (1981). The Board argues that any failure by the referee in this regard was harmless error and therefore not grounds for a remand. See Robinson v. Unemployment Compensation Board of Review, 60 Pa. Commonwealth Ct. 275, 431 A.2d 378 (1981). In view of the ambiguity of the document before the Arizona referee at Petitioner’s hearing, see supra footnote 2, his interpretation of that document, the corresponding failure to address the issue of whether Petitioner had cause of a necessitous and compelling nature for leaving her job, and the Board’s grounds for denying benefits, we fail to perceive how it can reasonably be asserted that there was harmless error. A referee must aid a pro se claimant in the development of facts necessary to the case and this should include questions regarding necessitous and compelling reasons for a voluntary quit. Bennett v. Unemployment Compensation Board of Review, 66 Pa. Commonwealth Ct. 455, 445 A.2d 258 (1982). Accordingly, had the Board been correct in invoking the criteria for eligibility in circumstances such as these, enunciated in Richards, we would have been constrained to order a remand for further proceedings to permit Petitioner an adequate opportunity to develop the factual circumstances mandating her termination of employment and relocation to Arizona. Bennett.