Facts
Peter Kloter worked as a technical director at company H. until the end of April 1982. On 26 April 1982, he received a job offer from Gebr. Sulzer AG in Winterthur for a position as an operations technician starting on 17 May 1982. Between 3 and 14 May 1982, Kloter applied for unemployment benefits from the public unemployment insurance fund of the canton of Thurgau, which refused on the grounds that he was not available for placement due to his future employment. Kloter appealed against this decision.Considerations
According to the case law of the Federal Insurance Court, an insured person who has made other arrangements for a specific date and would therefore only be available for a new job for a relatively short period is generally not considered to be available for placement. However, this case law should not penalize the insured person who has found and accepted an appropriate job, even if he cannot take it up immediately. When the insured person has taken all reasonable measures to be able to start the new job as soon as possible, the question of his possible unavailability for placement due to the imminent start of the new job should no longer be examined.
In the present case, Kloter had actively and successfully sought a new job since November 1981.…