Road transport companies find it difficult to protect themselves from the state`s unemployment insurance rights. Even with the knowledge of national unemployment law, a driver may still find himself in scenarios where it is difficult to prove the existence of an independent contract contract, especially since all elements of Section 212 or Section 212.1 must be completed. Therefore, it is best to consult with advisors in interacting with owner-operators to ensure that all requirements of an independent contracting relationship are met under the Illinois Unemployment Insurance Act. Based on years of experience in the trucking industry, developing independent contracts and defending trucking companies in driving processes, our company can offer valuable editorial and legal advice to promote driver liaison and protect your business from future lawsuits. Whether your company has been using owner-operators for years or their company is planning to launch an owner-operator program for the first time, our experienced trucking lawyers can develop an agreement tailored to your business that can promote driver connectivity while limiting your exposure. Please contact us if you have any questions. This argument by the Illinois Court of Appeals makes it almost impossible for most airlines to successfully prove an independent contracting relationship for the purposes of tax debt in the event of unemployment. If the owner and operator still represent the interests of a road transport agency by transporting freight on highways and, therefore, by always being in the “offices” of the carrier in accordance with point 212, not all elements of 212 can be satisfied and there is no independent supplier relationship. Under Illinois law, the answer is yes if the facts help to find an employer-employee relationship for tax debt purposes in the event of unemployment. C.R. Eng., Inc v.
Dep`t. by Empl. Sec., 2014 IL App (1st) 122809, 69-70. In fact, Illinois is not the only country to blame airlines for public taxes on unemployment. The Illinois Court of Appeals cited decisions from the state of Colorado and Washington State to help find a self-cargo that owed public taxes on unemployment. 69 (quoting SZL, Inc. v DieKundlichen Beschwerdedestelle, 254 P.3d 1180, 1186 (Colo. App.
2011); Western Ports Transportation, Inc. v. Employment Security Department of the State of Washington, 110 Wn. App. 440, 41 P.3d 510, 520 (2002) If these facts are remembered, a HGV driver signs an independent contract with a national trucking company to transport goods. Subsequently, the trucker on the road accidentally struck a power pole, caused property damage to the owner of the trailer and led to the termination of the independent contractor`s operating contract. Is it possible for the trucker to collect unemployment benefits after the end of the enterprise contract for the independent HGV contractor? “It makes sense to conclude that Mr. Park represented CRE`s interests when he picked up the cargo from the Walmart distribution centre in Sterling, Illinois, when transporting freight along the road and delivering the cargo to other distribution centres and/or walmart stores.