Auclair Transportation, Inc. v. Riley

The issue in this case is whether the plaintiff is entitled to the low merit rating of W. M. Auclair upon the transfer described in the agreed facts. The unemployment compensation statute provides that the experience rating of an employer may be transferred to “an employing unit which acquires the organization, trade or business, or substantially all of the assets thereof.” R. L., c. 218 s. 6-F as inserted by Laws 1945, c. 138, s. 16.

We are not concerned with the logical and economic considerations for and against experience rating or merit rating as it is usually described in this state (55…