Opinion

Allegheny Valley School v. Pennsylvania Unemployment Compensation Board of Review

  • 548 Pa. 355
  • 697 A.2d 243
  • 1997 Pa. LEXIS 1179
Court
Supreme Court of Pennsylvania
Filed
Jun 18, 1997
Status
Published
Author
Nigro
On the bench
Flaherty, Zappala, Cappy, Castille, Nigro, Newman
Cited by
12 cases
Authority
More cited than 10.4%

stating that section 3 of Law, 43 P.S. § 752, is a guide by which to interpret and construe the individual sections of the Law

How later courts described this case

  • stating that section 3 of Law, 43 P.S. § 752, is a guide by which to interpret and construe the individual sections of the Law
  • noting that the Law was enacted to address the “serious menace" of “economic insecurity due to unemployment”
  • “[T]he logical focus for determining whether necessitous and compelling reasons exist for a claimant to voluntarily terminate his employment after receiving a demotion is the justification for the demotion.”

Written by the judges who cited it.

The opinion

NIGRO, Justice,

dissenting.

I would affirm the Commonwealth Court’s decision based upon Old Forge Bank v. Unemployment Compensation Bd. of Review, 666 A.2d 761 (Pa.Cmwlth.1995). I join in Mr. Justice Gappy’s dissenting opinion with the exception of his statements that a necessitous and compelling reason to voluntarily leave employment requires “the most drastic circumstances.” To the contrary, a necessitous and compelling reason to leave “results from circumstances which produce pressure to terminate employment that is both real and substantial, and which would compel a reasonable person under the circumstances to act in the same manner.” Taylor v. Unemployment Compensation Bd. of Review, 474 Pa. 351, 358-59 , 378 A.2d 829, 832-33 (1977); Old Forge, 666 A.2d at 764 .

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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