Opinion

Unemployment Compensation Board of Review v. Delker

  • 24 Pa. Commw. 148
  • 354 A.2d 59
  • 1976 Pa. Commw. LEXIS 946
Court
Commonwealth Court of Pennsylvania
Filed
Mar 23, 1976
Status
Published
Author
Crumlish
On the bench
Crumlish, Mencer, Wilkinson
Cited by
1 cases
Authority
More cited than 65.6%

The opinion

Opinion by

Judge Crumlish, Jr.,

Galen E. Delker (Claimant) appeals a decision and order of the Unemployment Compensation Board of Review (Board) which affirmed a referee’s denial of unemployment compensation benefits pursuant to Section 402 (b) (1) of the Unemployment Compensation Law. 1 We affirm.

Claimant was last employed as a salary-plus-commission salesman for Stroehmann Brothers Company. He had worked nine and one-half years for this company when he was arrested for possession and sale of amphetimines. Following the arrest, he was given the opportunity to resign his position or face possible termination. He chose the former. Claimant now contends that the decision of the Board is not supported by the record which he argues discloses that he was forced to resign or in the alternative be immediately discharged. We do not agree. The record clearly discloses that Claimant testified he “had a choice” and “voluntarily signed a release.” Moreover, the employer testified that Claimant was in “[n]o way” coerced. 2

As is the case here, findings and decisions of the Board supported by substantial evidence must be affirmed on appeal in the absence of an error of law or a showing of fraud. Thomas v. Unemployment Compensation Board of *150 Review, 14 Pa. Commonwealth Ct. 398 , 322 A.2d 398 (1974).

Therefore, we

Order

And Now, this 23rd day of March, 1976, the decision and order of the Unemployment Compensation Board of Review is affirmed and the appeal dismissed.

. Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §802(b) (1).

. The employer also testified that the claimant, before being asked, said he would resign.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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