The Appellate Court held that the drivers' services were inside Plaintiff's usual course of business. E-Z Movers: had the right to hire and fire the workers; provided the workers with the moving truck; and scheduled the jobs with customers and limited the workers' use of the trucks without its permission. In addition, the drivers could not operate without E-Z Movers' involvement since E-Z Movers owned all of the trucks and held the license to haul goods. Thus, the drivers were employees within the meaning of the Illinois Unemployment Insurance Act. 820 ILCS 405/212.
Plaintiff employees worked as drivers for E-Z Movers, Inc. E-Z Movers, Inc. v. Rowell and Dept. of Empl. Security , 150435 (1st Dist., August 2, 2016). The drivers filed for unemployment compensation. The Illinois Department of Employment Security realized that E-Z Movers had not reported the workers' wages to the Department and audited E-Z Movers. E-Z Movers claimed that the workers were independent contractors, not employees. The Department conducted an administrative hearing and concluded that drivers were employees and not independent contracts for the purpose of unemployment insurance contributions. The Circuit Court reversed the Department's decision. The Appellate Court reversed the Circuit Court and affirmed the Department.
The Appellate Court held that the drivers' services were inside Plaintiff's usual course of business. E-Z Movers: had the right to hire and fire the workers; provided the workers with the moving truck; and scheduled the jobs with customers and limited the workers' use of the trucks without its permission. In addition, the drivers could not operate without E-Z Movers' involvement since E-Z Movers owned all of the trucks and held the license to haul goods. Thus, the drivers were employees within the meaning of the Illinois Unemployment Insurance Act. 820 ILCS 405/212.
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