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Unemployment Insurance - Worker Classification

Part 1: Control or Direction - General Private Employers

Factor Five - Oral or Written Reports (Case Studies)

Whether the individual is required to make oral or written reports to the employing unit on a regular basis.

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 Five

LIRC Decisions

Required to make reports on a regular basis:

  • 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 was required to submit daily reports regarding his sales activities.

Not required to make reports on a regular basis:

  • 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. His submission of invoices to GO2 IT once the work was done is not the kind of regular report this factor contemplates.

  • Ziburski v. Castforce Inc., UI Dec. Hearing No. 13202144EC (LIRC Nov. 22, 2013) – Patricia Ziburski, a merchandiser, performed merchandising services for Castforce, Inc., a retail merchandising business. Her submission of invoices at the end of each assignment, with information about the completed assignment, is a typical requirement of most working relationships, and is not the kind of regular report this factor contemplates.

  • 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. His submission of his completed work product is not considered a regular report in this factor. NOTE: This case includes analyses of employment status under both the old law and the new law.

Further Reading and Research

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

  • EE 450.01e - Employee - s.108.02(12)(bm)1.e. – regular reports.

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"