49 Pa. Commw. 59 | Pa. Commw. Ct. | 1980
Opinion by
William C. Taylor was last employed as a radial saw and press operator by National Aluminum Extrusion Division in Murrysville on December 29, 1977, when he was laid off for lack of work. The layoff was advertised on employer’s bulletin board as a “one day layoff” for a January 3,1978 inventory, following the New Year’s holiday. Taylor filed an application for benefits on January 3rd with an effective date of January 1, 1978. When the work force was recalled
Our scope of review in these unemployment cases is clearly limited to questions of law and whether the Board’s findings of fact are supported by the evidence. Donahue v. Unemployment Compensation Board of Review, 42 Pa. Commonwealth Ct. 139, 141, 400 A.2d 251, 252 (1979). The question of whether
Accordingly, we
Order
And Now, this 25th day of January, 1980, the order of the Unemployment Compensation Board of Review, dated September 1, 1978, is vacated, and the record is
Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §802 (e). Section 402(e) provides in pertinent part:
An employe shall be ineligible for compensation for any week — '
(e) In which his unemployment is due to his discharge or temporary suspension from work for willful misconduct connected with his work. . . .
Section 402(b)(1), 43 P.S. §802(b)(1), 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. . . .
Bemand to the Board will also provide an opportunity to reexamine the “switched issue” problem, especially where the burden of proof alters the presentation of a ease. As a general rule, in a Section 402(b)(1) “voluntary quit” case, the burden of proving a right to unemployment compensation, as well as showing compelling and necessitous cause, is upon the claimant, whereas in a Section 402(e) discharge based upon willful misconduct, the employer bears the burden of proving willful misconduct. Walker v. Unemployment Compensation Board of Review, 27 Pa. Commonwealth Ct. 522, 525, 367 A.2d 366, 369 (1976). Petitioner will now be given the opportunity to knowingly bear this burden.