The Circuit Court upheld that determination and the Illinois Appellate Court affirmed.
The Appellate Court held that the elements of Section 212 of the Unemployment Insurance Act, not the "independent contractor" agreements between company and window washers, dictate whether the relationship is that of an employer-employee or that of employer and independent contractor.
The inability of the company to satisfy any one Section 212 conditions will defeat company's claim for independent-contractor exemption. Although the window washers were not required to wear company uniform, the window washers represent the 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.