Kernrechtsfrage
Whether the appellant was entitled to insolvency compensation despite having held an employer-like position in the company.
Extrahierter Entscheid
No. Because the company was already in serious financial difficulties while he was still board president, the exclusion for employer-like persons applied.
Extrahierte Begründung
The decisive point was that the financial problems predated his departure from the board and continued until bankruptcy. Under the established case law, it is sufficient that the difficulties leading to bankruptcy existed while the claimant still exercised employer-like powers; responsibility for the collapse or any abusive intent is not required.