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:

Personal performance not required:

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"

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