P. Castellano v. UCBR
CourtCommonwealth Court of Pennsylvania
Date FiledOctober 27, 2026
Docket1232 C.D. 2025
JudgeTsai
StatusUnpublished
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Full Opinion
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
Patrice Castellano, :
Petitioner :
:
v. :
:
Unemployment Compensation :
Board of Review, : No. 1232 C.D. 2025
Respondent : Submitted: September 14, 2026
BEFORE: HONORABLE PATRICIA A. McCULLOUGH, Judge
HONORABLE STACY WALLACE, Judge
HONORABLE STELLA M. TSAI, Judge
OPINION NOT REPORTED
MEMORANDUM OPINION
BY JUDGE TSAI FILED: October 27, 2026
Petitioner Patrice Castellano (Claimant) petitions, pro se, for a review of an
order of the Unemployment Compensation Board of Review (Board) that affirmed
a Referee’s decision that held Claimant ineligible for benefits pursuant to Section
402(b) of the Unemployment Compensation Law (Law), relating to voluntary
resignation without cause of a necessitous and compelling nature.1 After careful
review, we affirm.
Claimant filed a claim for unemployment compensation benefits effective
April 6, 2025, following her separation from employment with Community Services
Group, Inc. (Employer). Certified Record (C.R.) at CR34. The Department of Labor
1
Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S.
§ 802(b). Section 402(b) of the Law provides, in part, that “an employe[e] shall be ineligible for
compensation for any week . . . in which his unemployment was due to voluntarily leaving work
without cause of a necessitous and compelling nature.”
and Industry’s Office of Unemployment Compensation Benefits issued a
Disqualifying Separation Determination (Determination), concluding that Claimant
was ineligible for benefits under Section 402(b) of the Law. Id. Claimant appealed
the Determination. Id. at CR50.
A Referee conducted a hearing. Id. at CR95. Claimant testified on her own
behalf, and Employer did not present any evidence or have a representative present.
Claimant testified that she was employed by Employer as a project manager
and had “a lot of clients under [her] . . . [and] a lot of people who looked up to [her].”
Id. at CR100. Claimant had been working at Employer for nearly four years before
separating on March 21, 2025. Id. at CR99.
Claimant testified extensively to the situation that led to her voluntary
separation. Id. at CR99-107. She explained that the day after a new CEO began
working, there was a massive data breach that resulted in 3.4 million lines of
personal health information (PHI) being “wiped” off Employer’s systems. Id. at
CR100 (“3.4 million . . . lines of data . . . [clients’] PHI was missing.”); CR105
(“[The new CEO] took over on Wednesday, we had the data breach Thursday.”).
Claimant testified that the result of the data breach/data exposure was that “people
could see other people’s [PHI].” Id. at CR104. According to Claimant, after the
breach, she asked Employer’s new CEO what his “plan” was to deal with the breach,
to which the new CEO stated he had no plan “yet.” Id. at CR105. Claimant testified
that she expressed dissatisfaction with that conversation, because she and her
colleagues “were kind of left on our own.” Id. at CR106. Claimant further explained
that she particularly took umbrage with Employer’s directive not to inform clients
that their PHI data had been exposed. Id.
2
Claimant additionally testified that at least a dozen staff members resigned or
were fired. Id. at CR103. In deciding to leave, Claimant stated that “[t]he only
person [she] seemed to kind of have a problem with was . . . [the new CEO],” because
he would not “acknowledge [Claimant] at all.” Id. In her resignation letter, Claimant
set forth “some reasons why ‘she knew’ it [was] time for [her] to move forward.”
Id. at CR031. She cited the “thoughtless[] remov[al] of [Employer’s] leadership
team along with many others;” her belief that “a hostile takeover like this . . . should
not be unethical or perhaps illegal, [and] secretive[,]which is the direction [the]
company [was] headed;” the lack of “a plan” for the data breach; her inability to tell
her clients about the data breach; the departure of all but three of her coworkers; and
the lack of institutional knowledge precipitated by the departure of knowledgeable
employees. Id. at CR031-CR032. She wrote:
No one seems to notice or care for any of us that have been carrying
this load since the initial firing of our CEO and COO, when the daily
downward spiral began as [the new CEO] told us all in that call that he
planned to buy this company and now we know his plans to sell it and
we will all be losing our jobs. We have heard that we are being bought
out, being broken down[,] and ultimately being phased out when we are
no longer needed. That is a horrible and shaming thought to swallow.
My spirit is broken . . . .
Id. at CR032.
Following the hearing, the Referee affirmed the Determination, having found
that Claimant “quit due to her dissatisfaction with the work conditions after the
management change,” which did not rise to the level of a necessitous and compelling
cause to quit. Id. at CR121. The Referee made the following findings of fact:
1. Claimant was employed full time by [Employer] from May 24,
2021, through March 21, 2025, last working as a Solutions Support
Lead.
3
2. On January 22, 2025, Employer came under new
management/[CEO].
3. From January 23, 2025, through January 28, 2025, a database
incident occurred where client [PHI] was deleted and other issues.
4. [The] CEO would not discuss the data incident with Claimant.
5. Claimant did not agree with [the] CEO’s instructions for her not to
relay information regarding the data issue to her clients until on or
about February 21, 2025.
6. Claimant was upset that many of her coworkers either voluntarily or
involuntarily left the organization.
7. On February 21, 2025, Claimant provided written notice to
Employer that she would be resigning effective March 21, 2025, and
listed several grievances related to [the] CEO.
Id. at CR120. The Referee found that “[w]hile Claimant may have had reasonable
concerns regarding [the] CEO’s response to the database incident, she has not
sufficiently shown that [the] CEO’s response was dishonest or unlawful.” Id. at
CR121. Finding that “Claimant[’s] working conditions . . . were not so onerous,”
the Referee concluded that “Claimant voluntarily quit her employment for reasons
which are not necessitous and compelling.” Id. Claimant appealed to the Board. Id.
at CR131.
The Board adopted and incorporated the Referee’s findings of fact and
conclusions of law and affirmed the Referee’s decision, concluding that “[C]laimant
has not met her burden of proof to show she had a necessitous and compelling reason
to quit.” Id. at CR145. The Board reasoned:
[C]laimant has not met her burden of proof to show she had a
necessitous and compelling reason to quit. A personality conflict with
management is not enough to meet the burden when there is no
evidence of an intolerable situation. . . . [C]laimant admitted in her
testimony that she only had a problem with the CEO. She felt he did
not acknowledge her. . . . [C]laimant states she quit because it was a
toxic work environment, however, her testimony did not establish such.
She testified to not liking the new CEO and disagreeing with the
4
decisions and changes he was making. . . . [C]laimant did not testify to
any negative or disrespectful behaviors directed at her or anyone for
that matter.
Id. at CR145-CR146.
On appeal to this Court,2 Claimant essentially argues that the Board erred in
concluding that she lacked a necessitous and compelling reason to quit her
employment.3
Section 402(b) of the Law provides that an employee is ineligible for benefits
when the employee’s “unemployment is due to voluntarily leaving work without
cause of a necessitous and compelling nature.” 43 P.S. § 802(b). A claimant bears
the burden to establish a “necessitous and compelling reason” for terminating
employment. Brunswick Hotel & Conf. Ctr., LLC v. Unemployment Comp. Bd. of
Rev., 906 A.2d 657, 660 (Pa. Cmwlth. 2006). To do so, a claimant must prove (1)
that circumstances existed which have produced real and substantial pressure to
terminate employment; (2) such circumstances would compel a reasonable person
2
This Court’s review of a Board order is limited to determining whether the findings of
fact are supported by substantial evidence, whether errors of law were committed, or whether
constitutional rights were violated. 2 Pa. C.S. § 704. Substantial evidence is “evidence upon
which a reasonable mind could base a conclusion.” Henderson v. Unemployment Comp. Bd. of
Rev., 77 A.3d 699, 718 (Pa. Cmwlth. 2013).
3
We note that Claimant attempts to bolster her argument that the Board erred as a matter
of law by presenting in her brief additional facts, most of which constitute additional explanation
of facts to which she previously testified. She argues that these additional facts demonstrate that
her working conditions were intolerable and constituted a toxic work environment, such that the
Board erred in concluding that she lacked a necessitous and compelling reason to quit her
employment. As noted above, we review a decision of the Board for substantial evidence, error
of law, and constitutional violation. 2 Pa. C.S. § 704. In doing so, our review is limited to evidence
within the certified record; we cannot consider additional facts presented in a brief. Kozicki v.
Unemployment Comp. Bd. of Rev., 299 A.3d 1055, 1063 (Pa. Cmwlth. 2023). Claimant does not
argue that the Board’s findings of fact are not supported by substantial evidence of record nor does
she argue the Board violated her constitutional rights. Our review, therefore, must be limited to
whether the Board erred as a matter of law based on the record before it. Weaver v. Pa. Bd. of
Prob. & Parole, 688 A.2d 766, 773-74 (Pa. Cmwlth. 1997).
5
to act in the same manner; (3) the claimant acted with ordinary common sense; and
(4) the claimant made a reasonable effort to preserve the claimant’s employment.
Id. Whether a claimant had a necessitous and compelling reason to resign is a
question of law that is subject to appellate review. Truitt v. Unemployment Comp.
Bd. of Rev., 589 A.2d 208, 210 (Pa. 1991).
Initially, we note that this Court has held that dissatisfaction with working
conditions “centered on differences with an employer’s management style is not a
compelling enough cause to voluntarily quit one’s job.” See Gioia v. Unemployment
Comp. Bd. of Rev., 661 A.2d 34, 37 (Pa. Cmwlth. 1995). In Gioia, we affirmed the
Board’s denial of benefits to a claimant who quit after he earned low marks in a
performance review and whose relationship with his employer had “deteriorated.”
Id. at 35-36. In Gioia, the Board found that the “[c]laimant was not mistreated,
harassed[,] or otherwise discriminated against by [the] employer” and the employer
attempted to resolve the matter. Id. at 36. There, we found no error of law in the
Board’s conclusion that the claimant did not have a necessitous and compelling
reason to quit. We find Gioia to be instructive in analyzing the instant matter.
The Board ultimately found that Claimant’s concerns stemmed from her
dislike of Employer’s new CEO and her dissatisfaction with his management style.
C.R. at CR145. Specifically, the Board found that Claimant “did not agree” with the
new CEO’s response to a “database incident.” Id. at CR155. Further, the Board
found that the CEO would “not discuss the data incident with Claimant” and that
Claimant’s “several grievances” in her resignation letter were “related to [the]
CEO.” Id. The Board also found that there were no allegations of “negative or
disrespectful behaviors directed at [Claimant]” from management. Id. at CR146.
6
As such, in accordance with the long-standing rule that dissatisfaction with
management alone does not constitute a necessitous and compelling reason to quit,
we discern no error in the Board’s conclusions that Claimant failed to prove that she
had a necessitous and compelling reason to terminate employment.4 See Gioia, 661
A.2d at 37.
Accordingly, we affirm the order of the Board.
__________________________________
STELLA M. TSAI, Judge
4
We have held that “workplace harassment may be a circumstance that produces real and
substantial pressure to terminate employment.” Mazur v. Unemployment Comp. Bd. of Rev., 193
A.3d 1132, 1135 (Pa. Cmwlth. 2018). Here, however, the Board found that Claimant “did not
testify to any negative or disrespectful behaviors directed at her” from management. C.R. at
CR146. As such, Claimant did not establish conduct by Employer that could constitute workplace
harassment.
7
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
Patrice Castellano, :
Petitioner :
:
v. :
:
Unemployment Compensation :
Board of Review, :
Respondent : No. 1232 C.D. 2025
ORDER
AND NOW, this 27th day of October, 2026, the order of the Unemployment
Compensation Board of Review is AFFIRMED.
__________________________________
STELLA M. TSAI, Judge