Legal Opinion

Diehl v. Unemployment Compensation Board of Review (ESAB Group, Inc.)

Supreme Court of Pennsylvania

Decided December 28, 2012PublishedCited by 26 opinions

1Opinion of the Court

OPINION

Justice BAER.

We granted review to consider whether the “voluntary layoff option” proviso (“VLO Proviso”) contained in Section 402(b) of the Unemployment Compensation Law (“UC Law”), 43 P.S. § 802(b),1 permits employees to receive unemployment compensation benefits when they accept an early retirement plan offered pursuant to an employer-initiated workforce reduction. Upon application of our rules of statutory construction, we reverse the decision of the Commonwealth Court and conclude that the UC Law does not preclude application of the VLO Proviso to early retirement plans offered…

2Cases cited19 opinions

  1. Penflex, Inc. v. BrysonSupreme Court of Pennsylvania · 1984
  2. Penn Hills School District v. Unemployment Compensation Board of ReviewSupreme Court of Pennsylvania · 1981
  3. Department of Labor & Industry v. Unemployment Compensation Board of ReviewSupreme Court of Pennsylvania · 1965
  4. Gillins v. UNEMP. COMP. BD. OF REVIEWSupreme Court of Pennsylvania · 1993
  5. Temple University of the Commonwealth System of Higher Education v. Unemployment Compensation Board of ReviewSupreme Court of Pennsylvania · 2001

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3Cited by26 opinions

  1. Chamberlain v. Unemployment Compensation Board of ReviewSupreme Court of Pennsylvania · 2015
  2. Pilchesky v. Lackawanna CountySupreme Court of Pennsylvania · 2014
  3. Chapman v. Unemployment Compensation Board of ReviewCommonwealth Court of Pennsylvania · 2017
  4. Naval Surface Warfare Center Carderock Division v. Unemployment Compensation Board of ReviewCommonwealth Court of Pennsylvania · 2014
  5. Phila. Reg'l Port Auth. v. Unemployment Comp. Bd. of ReviewCommonwealth Court of Pennsylvania · 2018

21 more not listed; retrieve them via the Exa API.

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