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← 147 W. Va. 748 - State v. Hatcher

147 W. Va. 748 - State v. Hatcher’s Empirical Analysis

1963

Citation profile

7
cited by 7 later decisions
4
states following
February 1969
most recently cited

7 state decisions

Relationships

Relies on 136 W. Va. 59 - Wilson v. Hix · Wellman v. Riley · 14 N.J. Super. 24 - Battaglia v. BD. OF REVIEW, EMPLOYMENT SEC. DIV. · Renown Stove Co. v. Unemployment Compensation Commission · 144 W. Va. 229 - Eastern Gas & Fuel Associates v. Hatcher

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““In our view, the fact that the vacation pay was paid at the time of lay-off, rather than before, is not a distinction which should alter the result. The period of time with respect "to which the payment is considered to be made can logically come after the lay-off as before. Money which is vacation pay, when it permits the employee to take time off •at an interval between periods of regular work, does not necessarily become a bonus merely because it is uncertain how soon after it is paid, regular work will be resumed * * *. * * * * * * “The great weight of authority is that vacation pay is to be considered referable to so long a time following its payment as it would have taken to earn it. During such period, the recipient has not been considered by the Court to have been unemployed. * * * ””
    1 later decision quote this exact passage
  2. ““It is the view of this Court that these claimants received their vacation pay at their request, made through their union representative, and that the claimants, in effect, elected to take their vacation at that time. * * * Inasmuch as this Court has held that vacation pay constitutes wages within the meaning of the unemployment compensation act, it is the opinion of this Court to affirm the ruling of the Circuit Court of Kanawha County in which he found that these claimants were disqualified from receiving benefits during their respective periods immediately following the layoff for which they were compensated by vacation pay.””
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.