The referee concluded that Petitioner left her employment for cause of a necessitous and compelling nature due to the hostile work environment and that Employer failed to sufficiently resolve the situation and to prevent further harassment against Petitioner. She therefore was entitled to benefits. The Board reversed the referee, reasoning that Petitioner was ineligible for unemployment compensation because Employer took steps to resolve the sexual harassment against her by transferring Andrae and because Petitioner did not give Employer time to remedy her complaints about Saraullo and the other employees. The Court's review of the Board's order is limited to determining whether its findings of fact are supported by substantial evidence in the record, whether an error of law was committed or whether constitutional rights were violated. Whether an employee has cause of a necessitous and compelling nature to quit employment is a legal conclusion subject to appellate review.
Harassment can constitute a necessitous and compelling cause to leave one's employment.
Petitioner argues that Employer took no effective remedial action against Andrae's sexual harassment and that Employer's nonfeasance is demonstrated by the fact that Andrae was allowed to return to Petitioner's store after his transfer to make disparaging comments about Petitioner. Additionally, Petitioner asserts that Employer's action to remedy the harassment against her was insufficient, where Employer merely transferred Andrae to another store as bakery manager with continued access to Petitioner's store and where it took no action to resolve the retaliatory harassment of Petitioner by Saraullo or the hostile conduct of her co-workers. To buttress her claim of nonfeasance, Petitioner noted Andrae's extensive history of sexual harassment of other female employees at the Horsham store, her store manager's statement that Andrae was permitted to return to the store at any time and the failure of Employer to appropriately discipline Andrae or Saraullo for their conduct. 2 Petitioner specifically challenges the Board's findings that Employer took proper steps to resolve the harassment against her and that she quit solely because of Saraullo's retaliatory harassment. She posits that the Board disregarded undisputed evidence in the record that Andrae was allowed to return to her store after his transfer and her testimony that a confluence of events caused her to quit, including Andrae's sexual harassment and Employer's hesitant response thereto followed by Saraullo's retaliatory harassment and her co-workers' hostile behavior.