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:

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

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

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

LIRC Decisions

Does use own equipment or materials:

Further Reading and Research

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

  • EE 450.02b - Employee - s. 108.02(12)(bm)2.b. - maintaining office/choosing facility, own equipment/materials.

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