209 A.2d 682 | Conn. Super. Ct. | 1965
This is an appeal by the plaintiff from a decision of an unemployment commissioner holding that he was not making reasonable efforts to find suitable work within the meaning of General Statutes §
The plaintiff was employed as a general manager of an automobile sales agency. Since his separation from that employment, he had planned to engage in the used-car business on his own and, since that date, he had acquired a commitment for a lease to certain premises in Hartford. He was awaiting *17 a variance from the zoning board of appeals and for the conclusion of negotiations with a finance company before he actually commenced operations. In the event that the foregoing negotiations were consummated successfully, he would commence business forthwith and would leave any job that he may have obtained in the meantime. Since August 9, 1964, to the date of the hearing on September 21, his sole efforts to find employment consisted of going to two automobile establishments.
On the basis of the foregoing facts, the commissioner concluded that the plaintiff failed to make reasonable efforts to find suitable work. The plaintiff has appealed to this court, claiming that he was available for and making reasonable efforts to engage in self-employment and that such availability and efforts satisfy the statutory requirement.
Pursuant to the Unemployment Compensation Act, a fund is created by employers' involuntary contributions from which employees who lose their jobs may, after a waiting period, be paid certain benefits "while looking for work but unable to find it." Waterbury Savings Bank v. Danaher,
The word "employment" is defined by statute to mean "any service . . . performed under any express or implied contract of hire creating the relationship of employer and employee." General Statutes §
From the foregoing, it seems quite clear that a person seeking self-employment is not exposing himself to the labor market but has in fact withdrawn from it to become involved in his own enterprise. In such a case, his earnings are not wages as defined by statute.
In the case at hand, the plaintiff, in his appeal, claims his efforts to establish a used-car business on his own was a bona fide effort on his part "to engage in self employment as provided in Section
The commissioner's conclusion is not unreasonable, arbitrary or illegal.
The appeal is hereby dismissed.