Unemployment Insurance - Worker Classification

Part 2: Six of Nine Conditions - General Private Employers

Condition Six - Services Do Not Directly Relate (Case Studies)

The services performed by the individual do not directly relate to the employing unit retaining the services.

Note: This condition in the new law is one of the factors used in the current law applicable to government units and nonprofit organizations. Therefore, cases under the new law are listed first, followed by cases under the law applicable to government units and nonprofit organizations that also address this condition.

Case Studies Relevant to Condition Six

LIRC decisions

Services performed do not directly relate to the employing unit retaining the services:

Services performed directly relate to the employing unit retaining the services:

LIRC cases decided under the law applicable to government units or nonprofit organizations:

Significant case decided under older unemployment insurance law in Wisconsin governing "employee" or "independent contractor" status

Further Reading and Research

Read and research further LIRC, circuit court and court of appeals cases on Condition Six:

  • EE 450.02f - Employee - s. 108.02(12)(bm)2.f. - relation of services to that of retaining employing unit.

Relevant cases under the old law:

  • EE 411 -s. 108.02(12)(c) direction and control/independently established tests, generally;
  • EE 413 - Employee - s.108.02(12)(c)2. - "independently established"
Previous Next

Email DWD DWD Photo Gallery DWD on Twitter DWD on Facebook DWD on YouTube DWD on LinkedIn DWD RSS Feed

A proud partner of the network