9 Pa. Commw. 466 | Pa. Commw. Ct. | 1973
Opinion by
The narrow question for decision is whether the Unemployment Compensation Board of Review had sufficient basis to find as a fact that appellant was an unemployed businessman, as distinguished from an unemployed worker, when he was ousted as President and Chief Executive Officer of a corporation of which he was an incorporator and, together with his wife, owned 26% of the stock. A review of the record convinces us that it does support the decision of the Bureau, the Referee, and the Board that appellant is not eligible for benefits.
In a well-prepared and presented argument, appellant recognizes that to reverse the Board, we would
Appellant argues that the admitted fact that he was fired, which he unsuccessfully resisted by court action, shows conclusively that he did not have control of the day-to-day operation of the corporation. This is but another way of restating that more than a 50% stock control would be required. The record shows that the reason appellant was ousted was not a lack of control on his part of the way the corporation was to be operated, but rather his refusal to agree to a sale of the corporation, i.e., a termination of its operation.
Appellant asserts that having a written contract establishes that he was an employee. Of course, he was an employee of the corporation, with or without a written contract. The terms of the contract are not in the record other than that the salary was originally $20,000 a year which appellant voluntarily reduced to $17,000. However, appellant testified that he handled all asspects of the business.
Accordingly, we enter the following
Obdbb
Now, August 2, 1973, the order of the Unemployment Compensation Board of Review is áffirmed, and benefits are denied Richard B. Medoff.