Subcontractor Loses

Misclassification Claim

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 Under Ill. Act, only

“individuals” have standing

           In Michael v. Pella Products, Inc., 2014 IL App. (1st) 132695 (August 28, 2014) the plaintiff sued under the Illinois Employee Classification Act.  He owned and operated a door and window installation business, Robert J. Michael Homes, Inc. (RJM).  RJM was at all times in good standing and operated in all respects as an Illinois corporation.

           But Michael wasn’t paid what he had coming in a project with Pella and sued as an individual.  He argued that he and his crews were under close supervision in the field.  Each had to wear Pella apparel and affix Pella logos to RJM vehicles.  And Pella provided tools and some materials.

           A court of appeals upheld summary judgment.  Since Michael was an officer and employee of a bona fide corporation, he was not an “individual” with standing to assert misclassification as an independent contractor.

 

9/4/2014