| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
impending layoff |
|
Summary:
Claimant quit his job after being sentenced to a federal penitentiary and did not want to advise his employer of the situation because he preferred not to be fired. Claimant indicated that he had no reasonable alternative but to leave his employment and the BOR allowed his appeal ruling that he did not leave his job voluntarily. Referring to the FCA decision in Smith (A-0875.96), the Commission submits that although the claimant was incarcerated for an offence committed prior to his employment, his incarceration prevented him from reporting to work which is a breach of an express duty in the employment contract. The decision of the BOR was set aside by the Umpire.
