Employee or Independent Contractor?

Illinois misclassification act claim fails; bona fide corporation, not owner, performed services

Seal of Illinois. Center image extracted from ...
(Photo credit: Wikipedia)

From Employment Law Daily —

A rare case when a worker was found to be an independent contractor in Illinois.  The appeals court agreed with the trial court that services were provided by a bona fide corporation and denied the corporation’s owner’s claim for misclassification.

“Pursuant to the Act’s regulations, “an individual performing services” does not include a “bona fide corporation.” In determining whether a corporation is bona fide, the following factors, among others, are considered: whether the corporation is capitalized; has issued corporate stock; maintains a corporate bank account; intermingles corporate and personal accounts or funds; holds itself out as a corporation; maintains corporate books and records; and has filed articles of incorporation and is in good standing, in the case of Illinois corporations, with the Illinois Secretary of State.”

Read the full story at Illinois misclassification act claim fails; bona fide corporation, not owner, performed services

Back to Top