Opinion
Argued October 3, 1979
December 17, 1979.
Unemployment compensation — Unemployed businessman — Corporate control — Payment into fund — Due process.
1. A corporate officer, owning fifty percent of the stock of the corporation and exercising substantial control of the business, is an unemployed businessman ineligible for unemployment compensation benefits upon the failure of the business. [56]
2. Due process principles are not violated by denying unemployment compensation benefits to a corporate officer who is an unemployed businessman although his wages as an employe of the corporation were subject to the tax imposed for the accumulation of the unemployment compensation fund. [56]
Argued October 3, 1979, before Judges CRUMLISH, JR., WILKINSON, JR. and MENCER, sitting as a panel of three.
Appeal, No. 2546 C.D. 1978, from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Rensley Steppler, No. B-164746.
Application to the Bureau of Employment Security for unemployment compensation. Application denied. Applicant appealed to the Unemployment Compensation Board of Review. Denial affirmed. Applicant appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
Rensley Steppler, petitioner, for himself.
William Kennedy, Assistant Attorney General, with him GuruJodha Singh Khalsa, Assistant Attorney General, Richard Wagner, Chief Counsel, and Edward G. Biester, Jr., Attorney General, for respondent.
The Unemployment Compensation Board of Review affirmed the referee's denial of benefits to Rensley Steppler upon a determination that he was an unemployed businessman rather than an employee.
The record supports the finding that Steppler was President and 50% shareholder in the corporate venture. Claimant's testimony indicates that, along with his brother who owned the remaining shares, he controlled the business operation.
"The Unemployment Compensation Law was not enacted to compensate individuals who fail in their business ventures and become unemployed businessmen." Starinieri Unemployment Compensation Case, 447 Pa. 256, 289 A.2d 726 (1972). Steppler, as 50% shareholder, a corporate officer and one who exercised substantial control of the business, must be considered an unemployed businessman ineligible for benefits upon business failure.
Steppler also contends that due process principles are violated by including within wages subject to tax pursuant to the Unemployment Compensation Law, the wages of corporate stockholders who are bona fide employees and yet who, as unemployed businessmen, would be ineligible for benefits. This position has previously been determined to be meritless. Healy v. Unemployment Compensation Board of Review, 36 Pa. Commw. 415, 387 A.2d 1025 (1978); Bagley Huntsberger, Inc. v. Employment Accounts Review Board, 34 Pa. Commw. 488, 383 A.2d 1299 (1978).
Accordingly, we
ORDER
AND NOW, this 17th day of December, 1979, the decision of the Unemployment Compensation Board of Review, No. B-164746, affirming a referee's denial of benefits to Rensley Steppler, is hereby affirmed.