State, Department of Labor, Division of Unemployment Insurance v. Reynolds

669 A.2d 90, 1995 Del. LEXIS 406, 1995 WL 710401
CourtSupreme Court of Delaware
DecidedOctober 30, 1995
Docket97, 1995
StatusPublished
Cited by10 cases

This text of 669 A.2d 90 (State, Department of Labor, Division of Unemployment Insurance v. Reynolds) is published on Counsel Stack Legal Research, covering Supreme Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State, Department of Labor, Division of Unemployment Insurance v. Reynolds, 669 A.2d 90, 1995 Del. LEXIS 406, 1995 WL 710401 (Del. 1995).

Opinion

HARTNETT, Justice.

I.

In this interlocutory appeal, the State Department of Labor, Division of Unemployment Insurance (“the Division”) appeals a Superior Court ruling holding that the Delaware Unemployment Compensation Act, 19 Del.C. Chapter 33 (“The Unemployment Compensation Act”), does not exclude Appel-lees, insurance agents who are paid commissions, from being eligible for unemployment compensation benefits because they receive remuneration in addition to their commissions. We find that the Court Below correctly construed the statute. Correspondingly, the judgment of the Superior Court is AFFIRMED.

II.

Appellees, Martin Reynolds (“Reynolds”) and Charles Barba (“Barba”), were employed by Prudential Insurance Company (“Prudential”). During the course of then- employment, they were paid commissions based on their sales of insurance policies. In addition to then- commissions, they received benefits in the form of life insurance, health insurance, disability insurance, pension plan benefits, paid vacations and educational allowances. Prudential also provided them with an office, clerical assistance, a telephone and business cards.

Reynolds and Barba sought unemployment benefits after being discharged by Prudential. 1 A Claims Deputy for the Division ruled *92 that they were not eligible for unemployment benefits holding that, because they received commissions, they were not engaged in “covered employment” under the Unemployment Compensation Act. This ruling was upheld by both an Appeals Referee and the Unemployment Insurance Appeal Board (“Board”).

On appeal, the Superior Court reversed the decision of the Board and remanded the matter. Martin Reynolds and Charles Barba v. Prudential Insurance Co. and the Unemployment Insurance Appeal Board, Del.Super., C.A. Nos. 92A-12-006 and 92A-12-007, 1995 WL 156203, Toliver, J. (March 6, 1995). This interlocutory appeal followed and we accepted certification. Sup.Ct.R. 42(d).

The Superior Court concluded that Reynolds and Barba were entitled to receive unemployment benefits, holding that their services to Prudential constituted “covered employment” under the statute. The Superior Court determined that the services performed by Reynolds and Barba were not excluded services under 19 Del.C. § 3302(10)(H) because, in addition to the commissions they earned from the sale of insurance, they received remuneration in the form of paid vacations, educational allowances and insurance.

III.

The Superior Court’s holding is based entirely upon its construction of the statute. A trial court’s construction of a statute is subject to de novo review for legal error. Acierno v. Worthy Bros. Pipeline Corp., Del.Supr., 656 A.2d 1085, 1088 (1995); Alfieri v. Martelli, Del.Supr., 647 A.2d 52, 53 (1994). Accordingly, we must determine whether the Superior Court erred as a matter of law in formulating or applying legal principles. Delaware Alcoholic Bev. Wholesalers, Inc. v. Ayers, Del.Supr., 504 A.2d 1077, 1081 (1986).

The Unemployment Compensation Act “is intended to serve as social insurance for persons unemployed through no fault of their own” and, therefore, “[t]he Act is liberally construed in favor of the employee.” Snead v. Unemployment Ins. Appeal Bd., Del.Supr., 486 A.2d 676, 678 (1984) (citations omitted); 19 Del.C. § 3301.

IV.

In order for Reynolds and Barba to be eligible to receive unemployment benefits under The Unemployment Compensation Act they must have received “wages for employment” within the meaning of the statute. 19 Del.C. § 3313. The issue, therefore, is whether Reynolds and Barba received “wages for employment” in return for the services they performed for Prudential. If all the remuneration they received is precluded from being “wages for employment” then they could not have earned any “wages from employment,” and they would not be eligible to receive unemployment benefits.

19 Del.C. § 3302 states in pertinent parts: As used in this chapter, unless the context clearly requires otherwise, the following terms shall have their meaning designated in this section:
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(10) “Employment” does not include:
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(H) Service performed by an individual for an employer as an insurance agent or real estate agent, or as an insurance solicitor or real estate solicitor, if such service performed by such individual for such employer is performed for remuneration solely by way of commissions, (emphasis added).

The Superior Court determined that, although the sums of money received by Reynolds and Barba were entirely based on commissions, they also received fringe benefits. The Superior Court, therefore, held that their remuneration was not solely by way of commissions. 19 Del.C. § 3302(10)(H). Reynolds and Barba were, therefore, held to be eligible for unemployment compensation benefits. We agree.

V.

The Superior Court’s holding is consistent with the text of Section 3302(10)(H) and in accordance with well established principles of statutory construction. *93 A court must look to legislative intent when the meaning or intent of a statutory provision is disputed. Alfieri, 647 A.2d at 55 (citations omitted). When, however, the text of a statute, in its particular context, is clear, effect must be given to the intent of the General Assembly as expressed in the language used. Sandt v. Delaware Solid Waste Authority, Del.Supr., 640 A.2d 1030, 1032 (1994) (citation omitted); Moses v. Board of Education of New Castle County Vocational Technical School District, Del.Supr., 602 A.2d 61, 64 (1991); Balma v. Tidewater Oil Co., Del.Supr., 214 A.2d 560, 562 (1965).

The intent of the General Assembly is expressed in the text of 19 Del.C. § 3302(10)(H). When the General Assembly excluded from the definition of “employment” those services by insurance agents that were “performed for remuneration solely by way of commission,” it clearly excluded only the services of those individuals who ordinarily receive nothing of value from their employer in addition to commissions. The General Assembly’s use of the word “solely” manifests the legislative intent to exclude only those agents who are compensated entirely by commission. See Hudson Farms, Inc. v. McGrellis,

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669 A.2d 90, 1995 Del. LEXIS 406, 1995 WL 710401, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-department-of-labor-division-of-unemployment-insurance-v-reynolds-del-1995.