Fletcher v. Employment Security Commission
Fletcher v. Employment Security Commission
Opinion of the Court
The question is whether plaintiff was, for the years 1950 to 1953 and within the meaning of section 41, subd (1) of the Michigan employment security act (CL 1948, § 421.1 et seq., as amended [Stat Ann 1950 Rev § 17.501 et seq., as amended]),
Plaintiff owned 2 separate and different types of enterprises; one a credit bureau, the other a collection agency. The 2 were at different locations in the same building. They maintained separate records without commingling them and separate bank accounts and pay rolls. Plaintiff filed 1 income tax return reporting his income from both businesses. Except that the person employed by plaintiff as manager of the collection agency also did accounting work for the credit bureau, there was no evidence of interchange between the employees of the 2 businesses. The 2 were kept separate for sound business reasons and not to avoid contributions under the act. Neither had 8 employees for the relevant period, but the 2 combined did. Answer to the primary question above stated depends on whether plaintiff be held, within the definition of section 40 of the act, to be 1 or 2 employing units. If 1, he was an employer liable for contributions; if 2, he was not.
Section 40 reads as follows:
“ ‘Employing unit’ means any individual or type of organization, including any partnership, association, trust, estate, joint-stock company, insurance company or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee or successor thereof, or the legal representative of a deceased person, which has or subsequent to January 1, 1936, had in its employ 1 or more individuals performing services for it within this State. All •individuals performing services within this State for ,any employing unit which maintains 2 or more sep*281 arate establishments within this State' shall be-deemed to be employed by a single employing unit for all the purposes of this act. Each individual em-' ployed to perform or to assist in performing the work of any agent or employee of an employing unit shall be deemed to be employed by such employing unit for all the purposes of this act, whether such individual was hired or paid directly by such employing unit or by such agent or employee, provided the employing unit had actual or constructive knowledge of the work.” (CL 1948, § 241.40 [Stat Ann 1950 Rev § 17.542].)
It will be observed that section 40 provides that “employing unit” means either any individual or any type of organization having individuals as employees within this State. We see no ambiguity in the statute in this connection, nor much room for statutory construction. From a reading of the entire act, and particularly of section 40, which not only defines an “employing unit” as including an “individual” but bases such individual’s being an “employing unit” on his employment of individuals, we are satisfied that by the term “individual” the legislature was referring to “person,” as distinguished from “organization.” By its plain terms, then, section 40 provides that any person having 1 or more persons performing services for him within this State is an “employing unit.” The definition fits the plaintiff and, hence, he was an employing unit. But was he 2 employing units ?
Nothing in section 40 or elsewhere in the act suggests a legislative intent that an individual having other individuals in his employ, by owning 2 business enterprises and employing some individuals in the one and some in the -other, splits himself into 2 employing units and no longer remains 1, as defined in section 40. Plaintiff contends, however, that. American Screw Products Co. v. Unemployment
Affirmed.
Reference
- Full Case Name
- FLETCHER v. EMPLOYMENT SECURITY COMMISSION
- Cited By
- 2 cases
- Status
- Published