L.A. McMahon Building Maintenance, Inc. v. Department of Employment Security

Illinois Appellate Court
Civil Court
Unemployment Insurance
Citation
Case Number: 
2015 IL App (1st) 133227
Decision Date: 
Thursday, May 7, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Affirmed.
Justice: 
FITZGERALD SMITH
IDES properly determined that window washers who performed services for Plaintiff company were employees for purposes of Unemployment Insurance Act. Only the elements of Section 212 of that Act, rather than fact of independent contractor agreements between company and window washers, dictate whether relationship is that of employer-employee or that of employer and independent contractor. Inability to satisfy any one Section 212 condition will defeat company's claim for independent-contractor exemption. Although they were not required to wear company uniform, window washers represent company's interests when they provide services at customers' homes, provide customers with company business cards and invoices, and provide window washing services to customers' and company's specifications. (HOWSE and COBBS, concurring.)