Unemployment Insurance - Worker Classification

Part 2: Six of Nine Conditions - General Private Employers

Condition Two - Has own office or performs most services in facility or location of his or her choice and uses his or her own equipment or materials (Case Studies)

The individual maintains his or her own office or performs most of the services in a facility or location chosen by the individual and uses his or her own equipment or materials in performing the services.

Note: This two-part condition incorporates the portion of condition 3 of the old law relating to the maintenance of an "office." Cases under the new law are listed first, followed by cases under the old law that address the "office" element of the condition.

Case Studies Relevant to Condition Two

First part of condition – Maintains own office or performs most of the services in a facility or location of his or her choice

LIRC Decisions

Does maintain own office or perform services in facility or location of his or her choice:

• Martin v. Madison Newspapers, Inc., UI Dec. Hearing No. 13001922MD (LIRC Oct. 10, 2013) - Julie Martin performed services as a writer for Agri-View, a newspaper published by Madison Newspapers, Inc. She chose where to do her work, typically writing her articles at home.


• Elie v. City Business USA LLC, UI Dec. Hearing No. 11608771MW (LIRC Mar. 28, 2012) - Tannette Elie performed services as a journalist for City Business USA LLC, a business journal. She wrote her articles wherever she wanted to write them. NOTE: This case includes analyses of employment status under both the old law and the new law.

Does not maintain own office or perform services in facility or location of his or her choice:

• Rohland v. GO2 IT Group, UI Dec. Hearing No. 12202959EC (LIRC Feb. 14, 2013) aff’d sub nom. Career Connections Staffing Services, Inc. v. LIRC, No. 13-CV-179 (Wis. Cir. Ct. La Crosse Cnty. Oct. 23, 2013) – Albert Rohland performed services as an IT specialist for GO2 IT Group, a staffing agency. He did not maintain his own office, and the circuit court affirmed LIRC's determination that his acceptance of certain assignments did not mean that he chose the location in which he performed his services. The location of the work was dictated by the location of the client.


• Schumacher v. Spar Marketing Services, Inc., UI Dec. Hearing No. 11203182EC (LIRC Mar. 21, 2012) – Sherry Schumacher performed services as a merchandiser for Spar Marketing Services, Inc., a merchandising company. She did not maintain her own office, and was required to perform her services at a client location, not a location chosen by her. NOTE: This case includes analyses of employment status under both the old law and the new law.


• Thomas v. Renaissance Nutrition, Inc., UI Dec. Hearing No. 12401755AP (LIRC Oct. 30, 2012) – David Thomas performed services as a salesperson for Renaissance Nutrition, Inc., a manufacturer of vitamins and supplements for dairy livestock. He had a room in his home with a computer, desk, and filing cabinet that he owned prior to performing services for Renaissance. Relying on cases using condition 3 of the old law (defining "own office" and requiring that its use be primarily for business purposes), LIRC determined that these facts were insufficient to show that he maintained his own home office. In addition, he did not choose where to perform his services, but was required to travel to potential customers' locations.

LIRC decisions regarding "own office" under condition 3 of the old law (applicable to the office portion of the new law)

• Bettenhausen v. Silver Connections LLC, UI Dec. Hearing No. 11002776MD (LIRC Oct. 26, 2011) – Susan Bettenhausen performed services as a sales representative for Silver Connections LLC, a marketing business for senior communities. Although she may have performed some services from home, she did not maintain a home office used primarily for business purposes. This part of condition 3 is not satisfied.


• Campbell v. Speedmark, UI Dec. Hearing No. 08002536MD (LIRC Apr. 27, 2009) – Tracy Campbell performed services as a mystery shopper for Speedmark, a business that gathers customer service information for other business. Her use of a "computer room" in her home that she also used for personal purposes does not qualify as an office under this condition. Most individuals have a home with some space to perform "office" functions, and own computers for personal purposes. This part of condition 3 is not satisfied.


• Stehn v. Cybrcollect, Inc., UI Dec. 05000775MD (LIRC Sept. 7, 2005) – Kathryn Stehn's use of her dining room table and personal computer at home does not qualify as a separate business office. This part of condition 3 is not satisfied.

Second part of condition - Use of own equipment or materials in performing the services

LIRC Decisions

Does use own equipment or materials:

• Martin v. Madison Newspapers, Inc., UI Dec. Hearing No. 13001922MD (LIRC Oct. 10, 2013) - Julie Martin performed services as a writer for Agri-View, a newspaper published by Madison Newspapers, Inc. She typically wrote her articles at home using her own equipment and materials, including a laptop computer, printer, voice recorder, camera, and paper.


• Elie v. City Business USA LLC, UI Dec. Hearing No. 11608771MW (LIRC Mar. 28, 2012) - Tannette Elie performed services as a journalist for City Business USA LLC, a business journal. She wrote her articles wherever she wanted, using her own equipment and materials, including a computer and paper. NOTE: This case includes analyses of employment status under both the old law and the new law. Compare the analysis of condition 3 in the old law and the analysis of this condition in the new law for an illustration of the applicability of the changes in the new law.