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Unemployment Insurance - Worker Classification

Part 1: Control or Direction - General Private Employers

Factor Three - Personally Perform Services (Case Studies)

Whether the individual is required to personally perform the services.

Note: This factor in the new law is based upon employment status criteria found in older laws, as well as in the current law applicable to government units and nonprofit organizations. Therefore, cases decided under the new law are listed first, and the relevant cases decided under the other laws follow.

Case Studies relevant to Factor Three

LIRC decisions

Personal performance required:

  • Ali v. Acute Care, Inc., UI Dec. Hearing No. 13600624MW (LIRC Aug. 7, 2013) - Zulfiqar Ali performed services as an emergency room physician for Acute Care, Inc., a business that contracted with hospitals to staff their emergency rooms. Although Ali could arrange to have someone fill in for him on a shift, that individual must be on Acute Care's roster of physicians. Given this restriction on his ability to subcontract with others, it cannot be found that he is free of the personal performance requirement. NOTE: This case includes analyses of employment status under both the old law and the new law.

  • 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. Her written agreement with Spar permitted her to subcontract to other "qualified" individuals, as determined by Spar. Given this restriction on her ability to subcontract with others, it cannot be found that she is free of the personal performance requirement.  NOTE: This case includes analyses of employment status under both the old law and the new law.

  • Owen Jensen, UI Dec. Hearing No. 11401161AP (LIRC Aug. 19, 2011) – Owen Jensen wrote scripts and narrated instructional videos for an Illinois business that produced instructional video presentations involving insurance products. Due to his specialized skills and expertise gained through years as a television reporter, it is unlikely that the Illinois business would allow another person to perform the services.  NOTE: This case includes analyses of employment status under both the old law and the new law.

Personal performance not required:

  • Cortez-Robles v. Pro-One Janitorial Inc., UI Dec. Hearing No. 11403642AP (LIRC May 3, 2012) – Samuel Cortez-Robles signed a franchise agreement with Pro-One Janitorial Inc., to perform cleaning and janitorial services. He was free to hire other individuals to perform the cleaning and janitorial services.

Further Reading and Research

Read and research further LIRC, circuit court and court of appeals cases on Factor Three:

  • EE 450.01c - Employee - s. 108.02(12)(bm)1.c. – personal performance.

Relevant cases under the law for government units and nonprofit organizations:

  • EE 411 s.108.02 (12) (c) direction and control/independently established tests, generally
  • EE 412 - Employee - s.108.02 (12) (c) 1. - "direction and control"