Popoleo v. Unemployment Compensation Board of Review

Denial of unemployment benefits affirmed because substantial evidence supported the finding that employer was working to provide claimant with the necessary accommodations to allow her to continue her employment when she voluntarily left without a "necessitous and compelling cause."

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Submitted: March 30, 2001

Diann Popoleo (Claimant) petitions for review of an order of the Unemployment Compensation Board of Review (Board) which affirms the decision of the Referee and denies Claimant benefits pursuant to Section 402(b) of the Pennsylvania Unemployment Compensation Law (Law). *fn1 We affirm.

Claimant began employment with Pizza Hut (Employer) as a part time order taker on October 28, 1994. On June 22, 2000, Claimant voluntarily left her position and filed for unemployment compensation benefits with Pittsburgh East Job Center (Job Center). The Job Center issued a determination denying Claimant benefits pursuant to Section 402(b) on the basis that she did not pursue all alternatives to maintain the employment relationship. Claimant appealed the Job Center’s determination to the Referee. After a hearing, at which both Claimant and Employer presented evidence, the Referee affirmed the Job Center’s determination. Claimant then appealed to the Board, which made the following findings of fact.

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Popoleo v. Unemployment Compensation Board of Review

Denial of unemployment benefits affirmed because substantial evidence supported the finding that employer was working to provide claimant with the necessary accommodations to allow her to continue her employment when she voluntarily left without a "necessitous and compelling cause."

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