Opinion
No. 32194
Decided February 28, 1951.
Unemployment compensation — Unemployment at time of application a prerequisite to benefits — Person on paid vacation not unemployed — Section 1345-6, General Code.
APPEAL from the Court of Appeals for Trumbull county.
The claimant herein, Helen Reid, was notified by her employer that as a result of a reorganization her present job was terminated but that she would be placed in another department at slightly different work. Claimant's employer then sent her to another department where she worked until notified by her employer that she was laid off. At the time of such notification she was given a two-week paid vacation. Before the expiration of her paid vacation she filed with the Bureau of Unemployment Compensation an application for unemployment compensation benefits.
The claim was denied for the reason that claimant failed to establish a valid claim under the provisions of Section 1345-6, a (1), (4) and (5), General Code.
The Court of Common Pleas affirmed the decision of the bureau and dismissed the appeal.
The Court of Appeals reversed the judgment of the Common Pleas Court and remanded the cause to that court for further proceedings.
Mr. J.D. Campbell, for appellee.
Mr. Herbert S. Duffy, attorney general, Mr. James B. Dooley and Mr. John A. Robenalt, for appellant.
Claimant, being on a paid vacation at the time she filed her application for unemployment compensation, was, in effect, still employed and, therefore, was not then eligible for unemployment compensation under the provisions of Section 1345-6, General Code.
The judgment of the Court of Appeals is reversed and that of the Court of Common Pleas is affirmed.
Judgment reversed.
WEYGANDT, C.J., ZIMMERMAN, STEWART, MIDDLETON, TAFT, MATTHIAS and HART, JJ., concur.