Adamski

BACKGROUND

We summarize the underlying facts from our prior opinion in Adamski. Adamski is the owner and sole shareholder of a corporation, Adamski Construction, Inc., whose business involves building custom homes. On or about March 31, 2008, Adamski finished building a custom “spec” house on High Meadows Trail, and engaged a realtor to sell the house. Thereafter, although Adamski actively looked for work for himself and his corporation, he was unsuccessful in securing employment or work for either, as the new-home construction industry suffered a serious downturn. In September 2008, Adamski filed for unemployment insurance benefits. His application was approved, and he began collecting unemployment benefits.

2 In November 2008, the High Meadows Trail house sold. The Corporation paid Adamski $20,000, which Adamski characterized as a “delayed payment” for the work he had performed on the High Meadows Trail house prior to March 31, 2008; Adamski promptly contacted the Employment Development Department (EDD) to “explain the nature” of the $20,000 payment. Based on Adamski’s representation that he had been unemployed since March 31, 2008, when construction was completed on the High…