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Employer’s Liable under Unemployment Compensation Laws When They Have Direct Control over the Professional’s Work

In the case of Humanus Corp v. Dir., Ohio Dept. of Job & Family Servs., 2020-Ohio-6940, an Ohio Appeals Court held that an employer was liable and subject to unemployment compensation laws when they had direct control over the professional’s work and pay.

The employer argued there was a failure to evaluate all twenty factors of the Ohio Administrative Code regarding the employer-employee relationship and the decision finding the corporation a liable employer was an error. The Court of Appeals disagreed.

The Court found the corporation had direct control over the employee’s work, entered a contract that established itself as the employer, and provided no evidence of a failure to review the Ohio Administrative Code’s employer-employee factors.

To read this case, click here.

Authors: Matthew John Markling and the McGown & Markling Team.

Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.

 

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