Pa Unemployment Compensation Law Section 402(B)
Section 402(b) of the Unemployment Compensation Law states that an employee will not be eligible for unemployment compensation benefits for weeks in which the employee is unemployed because he left work "without cause of a necessitous and compelling nature." 43 P.S. 802(b).
Whether a claimant voluntarily quit his employment or whether his employer discharged him is a question of law for this Court "to determine from the totality of the record." Bell v. Unemployment Compensation Board of Review, 921 A.2d 23, 26 (Pa. Cmwlth. 2007).
While Employer relies on Davila, this case is distinguishable.
In Davila, there is no indication that the claimant was discharged prior to the end of the period she elected when entering into the DROP program.