Opinion
September 11, 1963.
November 13, 1963
Unemployment Compensation — Voluntary termination of employment — Officers and shareholders of corporation — Work not available because of hard times of company — Unemployment Compensation Law.
1. In an unemployment compensation case, in which it appeared that claimants were officers of a corporation and each owned one-third of the outstanding shares of stock of the company, and that the company was having hard times so that work was not available, it was Held that the compensation authorities properly concluded that claimants had left their work voluntarily and were disqualified for benefits by virtue of § 402(b)(1) of the Unemployment Compensation Law.
2. Hyman Unemployment Compensation Case, 199 Pa. Super. 532, Held controlling.
Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.
Appeals, Nos. 207 and 208, Oct. T., 1963, by claimants, from decisions of Unemployment Compensation Board of Review, Nos. B-77295 and B-77296, in re claims of Edward L. Schell et al. Decisions affirmed.
Rudolph J. DiMassa, for appellants, submitted a brief.
Sydney Reuben, Assistant Attorney General, with him Walter E. Alessandroni, Attorney General, for Unemployment Compensation Board of Review, appellee.
Argued September 11, 1963.
In this unemployment compensation case the unemployment compensation authorities held that the claimants-appellants left their work voluntarily and were disqualified for benefits by virtue of § 402 (b)(1) of the Unemployment Compensation Law, 43 P. S. § 802-(b)(1). The claimants, Edward L. Schell and Elmer Craighead, were Treasurer and President, respectively, of the Popular Home Builders, Inc., Philadelphia, Pennsylvania. Each owned a 1/3 of the outstanding shares of stock of the company. They were paid $125 weekly. The company is having hard times so that work is not available.
This case is governed by Hyman Unemployment Compensation Case, 199 Pa. Super. 532, 185 A.2d 821 (1962), which held such claimants to be unemployed businessmen who had failed in their business ventures and were subject to the disqualification of § 402 (b)(1), supra. See also: Freas Unemployment Compensation Case, 201 Pa. Super. 150, 191 A.2d 740 (1963).
Decisions affirmed.