Unemployment Insurance - Worker Classification

Part 2: Six of Nine Conditions - General Private Employers

Condition Two - Office or choice of location, and Materials, Equipment

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.

Explanation of Condition Two

This is a two-part condition. The worker meets this condition by having his or her own office or choosing the place to perform the services, and using his or her own materials or equipment in performing the services. The worker is not choosing the location when the employing unit requires the worker to travel a designated route, to canvass a territory within a certain amount of time or to work at specific places.

Case Studies

Cases studies relevant to condition two based upon cases decided by the Labor and Industrial Review Commission (LIRC), Wisconsin Circuit Courts, and Wisconsin Appellate Courts

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