Facts
A., born in 1960, was employed as a secretary and deputy manager at the sole proprietorship of her then-husband B. from August 1, 2011. After a summary dismissal on December 9, 2013, A. applied for unemployment compensation. The Cantonal Unemployment Insurance Office of St. Gallen rejected the application, as A. held an employer-like position as the spouse of the proprietor. The Insurance Court of the Canton of St. Gallen dismissed A.'s appeal. The Federal Supreme Court confirms the rejection of the claim for unemployment compensation for the period from December 9, 2013 to February 16, 2014.Considerations
According to the established case law of the Federal Supreme Court, spouses of employer-like persons are excluded from the claim for unemployment compensation, regardless of whether they themselves hold an employer-like position. This ground for exclusion serves to address the risk of abuse inherent in the payment of unemployment compensation to such persons.
The Federal Supreme Court holds that this risk of abuse also exists when the spouses are already living separately. It is only with the divorce judgment that a final disentanglement of the financial situation of the spouses takes place. Until then, there may be both conflicting and identical interests regarding the regulation of the liabilities between the spouses, which makes it impossible…