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QUINN, GENT v. UNEMP. COMP. BD. OF REV.

147 Pa.Commw. 141 (1992)

606 A.2d 1300

QUINN, GENT, BUSECK AND LEEMHUIS, INC., a Pennsylvania corporation, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent.

Commonwealth Court of Pennsylvania.

Decided April 8, 1992.

Attorney(s) appearing for the Case

Frank L. Kroto, Jr., for petitioner.

John Herzog, for respondent.

Before CRAIG, President Judge, and DOYLE, COLINS, PALLADINO, McGINLEY, SMITH and PELLEGRINI, JJ.

SMITH, Judge.

The question presented in this case is whether an employer's total ban on smoking within the workplace constitutes cause of a necessitous and compelling nature to voluntarily terminate employment, thereby qualifying an employee for unemployment compensation benefits under Section 402(b) of the Unemployment Compensation Law (Law), Act of December 5, 1936, Second Ex.Sess., P.L. (1937), 2897, as

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