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Martin v. Commonwealth, Unemployment Compensation Board of Review
Citations: 62 Pa. Commw. 101; 435 A.2d 282; 1981 Pa. Commw. LEXIS 1804Docket: Appeal, No. 450 C.D. 1980
Court: Commonwealth Court of Pennsylvania; October 1, 1981; Pennsylvania; State Appellate Court
The Pennsylvania Unemployment Compensation Board of Review denied unemployment benefits to Helen Martin, asserting she voluntarily quit her job as a cashier with A. P Company without a necessitous and compelling reason. However, the court reversed this decision. Martin, who had worked for A. P Company for over 24 years, believed her retirement at age 65 was mandatory according to the collective bargaining agreement, which stated that employees must retire on the first day of the month following their 65th birthday. The Board's finding that there was continuing work available for Martin until the company’s mandatory retirement age of 70 was unsupported by evidence; the employer's manager was unaware of such a policy. The court emphasized that retiring under a mandatory policy is not considered voluntary resignation, thus making Martin eligible for benefits. The Board argued that the retirement clause was invalid under the Federal Age Discrimination in Employment Act, but the court stated that claimants should not have to challenge the validity of their employment agreements to receive benefits. Martin, who had no desire to retire and was willing and able to continue working, was misinformed by her union representative and received no contrary guidance from her employer. The court concluded that Martin did not voluntarily leave her job and had preserved her employment relationship, reversing the Board’s denial of benefits and ordering the recoupment of previously paid compensation to be halted. The decision was dated October 1, 1981, and Judge Wilkinson, Jr. did not participate in the ruling.