Legal Opinion · Dissent

Morgan v. Unemployment Compensation Board of Review

Commonwealth Court of Pennsylvania

Decided January 14, 2015Published

1Dissent

DISSENTING OPINION BY

Judge LEAVITT.

Respectfully, I dissent. I believe that Claimant established a substantial and unilateral change in the terms of his employment that constituted a necessitous and compelling reason for his resignation. Employer’s elimination of a valuable fringe benefit, unilaterally and without any advance warning, reduced Claimant’s compensation by approximately 50%. That the fringe benefit was cost-free transportation to the workplace matters not to the question of whether it was a form of compensation.

Claimant began working for Employer on October 18, 2010, as a foreman.…

2Cases cited8 opinions

  1. Brunswick Hotel & Conference Center, LLC v. Unemployment Compensation Board of ReviewCommonwealth Court of Pennsylvania · 2006
  2. STEINBERG VISION ASSOCIATES v. Unemployment Compensation Board of ReviewCommonwealth Court of Pennsylvania · 1993
  3. Ship Inn, Inc. v. CommonwealthCommonwealth Court of Pennsylvania · 1980
  4. A-Positive Electric v. Unemployment Compensation Board of ReviewCommonwealth Court of Pennsylvania · 1995
  5. J. C. Penney Co. v. Commonwealth, Unemployment Compensation Board of ReviewCommonwealth Court of Pennsylvania · 1983

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