MT. HEALTHY BD. OF EDN. v. COOK

No. 85-1540.

28 Ohio St. 3d 1 (1986)

MT. HEALTHY BOARD OF EDUCATION, APPELLEE, v. COOK ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided November 26, 1986.


Attorney(s) appearing for the Case

Philip S. Olinger, for appellee.

Kircher & Phalen, Thomas F. Phalen, Jr. and Cynthia L. Summers, for appellant Cook.

Anthony J. Celebrezze, Jr., attorney general, Patrick A. Devine and John F. Kozlowski, for appellant Administrator, Ohio Bureau of Employment Services.

Cloppert, Portman, Sauter, Latanick & Foley and David G. Latanick; and Pamela L. Margulies, urging reversal for amicus curiae, Ohio Education Association.


LOCHER, J.

The issue before us is whether a teacher's receipt of paychecks after the termination of the school year, as a consequence of a deferred salary plan, precludes receipt of unemployment compensation benefits because the teacher could not be considered either totally unemployed or partially unemployed pursuant to R.C. 4141.01(M) or (N). For the reasons to follow we reverse the court of appeals and hold such payments are not indicative of employment pursuant...

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