A comprehensive and easily accessible directory of Employee Leasing Services nationwide
help small business Attract and Retain quality employees by offering quality benefits through Employee Leasing Services
Foster an environment of fellowship and free exchange of ideas among member Employee Leasing Companies

  to fill out a simple form to connect to Employee Leasing Services in your area.

O'Rourke v. Unemployment Compensation Board of Review

2/7/2002



Melissa O'Rourke (Claimant) petitions for review from an order of the Unemployment Compensation Board of Review (Board) that reversed the referee's award of benefits under Section 402(b) of the Unemployment Compensation Law (Law).


The facts, as found by the Board in reversing the referee's decision, are as follows:


1. The claimant was last employed as a full charge bookkeeper by IQE, Inc., a successor in interests to claimant's prior employer, QED, Inc. The claimant had begun when it was QED on September 27, 1997, and her employment was absorbed by IQE when the merger became effective in May 1999. The claimant's last day of work was February 8, 2001, at the weekly salary of $728.


2. The claimant reported to a new supervisor, who came on board with IQE on or about December 4, 2000.


3. The claimant had a good working and personal relationship with her prior supervisor, who was female.


4. The claimant alleges she was made to feel uncomfortable and demeaned by alleged certain types of behavior by her new supervisor, a male.


5. The new supervisor did not wink at claimant and did not touch the claimant inappropriately in any fashion except for inadvertent brushes. Supervisor did not slap the inside of claimant's thigh.


6. As a business practice, the claimant was encouraged to smile by her supervisor but was never told she would be prettier if she smiled.


7. The claimant was not singled out by her supervisor who engaged in daily meeting with everyone on the staff when the need arose.


8. The claimant's supervisor was not treating her any differently from other employees and indeed, the claimant never complained to him about the alleged actions.


9. The claimant was not harassed or discriminated against by her new supervisor.


10. The claimant voluntarily terminated her employment by correspondence dated February 12, 2001.


Please accept my resignation as Payroll/Benefits Administrator from IQE, effective immediately.


While I had enjoyed my previous position as Full Charge Bookkeeper, I do not believe the new position assigned to me, Payroll/Benefits Administrator, is in line with my goals, or in the best interest of IQE. While professionally trained as a bookkeeper, I have no formal training in Benefits Administration, and it is not a career path I wish to pursue at this time. Although my compensation has been fair, you have not been able to provide my with a job description I am interested in.


Nevertheless, my time here has not been wasted. I have gained experience and have honed my skills. I have worked with a great group of people. I sincerely wish co-workers well in their future endeavors.


All information necessary to perform my duties has been communicated to the new accounting staff.


11. In telephonic information provided to the Bureau the claimant indicated she left employment for personal reasons, i.e. she got a new manager, wanted to bring in their own people; changed her position to payroll/benefit administration; had no formal training, employer didn't feel she needed it.


12. The claimant voluntarily terminated her employment due to the employer's restructuring its finance department. The claimant did not voluntarily terminate her employment because of alleged harassment or alleged discrimination.


13. By the beginning of February 2001, the employer had restructured its finance department, eliminating the claimant's position as a full charge bookkeeper.


14. The claimant was offered continuing full time work as a payroll/benefits admini

Page 1 2 

Pennsylvania Employee Leasing Services    Employee Leasing Services


  to fill out a simple form to connect to Employee Leasing Services in your area.

Employee Leasing Who Is the Employer? Hiring/Firing Issues
Employee Leasing Advantage Employee Leasing Models Human Resources Management
Employee Handbooks American with Disabilities Act (ADA) Employers Practice Liability Insurance (EPL)
Employment Forms, Postings Sexual Harassment at workplace Employee Leasing vs. Temp
Administrative Services Organization (ASO) Human Resources Organization (HRO) Professional Employer Organization (PEO)
Payroll Services Human Resources Workers Compensation Codes
FDP  |   RSS Feeds  |  Articles  |  Jobs  |  Inquiries  |  Partner Websites
SiteMap  | Trading Partners  | Register  | Case LawsFAQ | Employee Leasing Forum | Employee Leasing Directory  | Success Stories
Terms of Service  Copyright © 2004. “Employee-Leasing.org ”. All rights reserved.