Chris Haus Auto Sales L.L.C. v. Dept. of Job & Family Servs.
Case Details
- Judge(s)
- Dorrian, J.
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- Remanded to Unemployment Compensation Review Commission for reconsideration under the correct statutory standard
Related Laws
No specific laws identified for this ruling.
Outcome
Court of Appeals reversed and remanded the Common Pleas Court's affirmation of the Unemployment Compensation Review Commission's decision, finding the Commission applied the wrong statutory standard in determining successor employer status. The Commission used the 'substantially all of the business' standard when it should have applied the 'all of the trade or business' standard absent a voluntary successorship application.
Excerpt
Common pleas court erred by affirming Unemployment Compensation Review Commission decision that applied the wrong statutory standard in determining whether one employer was the successor in interest to another employer. The Commission determined the acquiring employer acquired substantially all of the business of the transferring employer however, because there was no application for voluntary successorship the appropriate statutory standard was whether the acquiring employer acquired all of the trade or business of the transferring employer. Therefore, the Commission's decision was not in accordance with law.
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
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