Roccograndi v. Unemployment
Comp. Bd. of Review
Superior
Court of
197
Pa.Super. 372, 178 A.2d 786.
Facts: Three shareholders in a
family corporation appealed a ruling saying that they couldn’t basically lay
themselves off from their own company to collect unemployment checks because
they were really self-employed and had the power to work or not work.
Issue: Can the corporate entity be
ignored for the purposes of determining whether the claimants are statutory employees
or if they are self-employed?
Rule: The corporate entity may be
ignored in determining whether the claimants are just self-employed people
whose business wasn’t going so good at the time.
Analysis: Not much! It seems pretty tricky to vote on who will
get laid off each time there isn’t enough work to go around. This court sees right through it.
Conclusion: The administrative rulings
against the claimants are affirmed.