Wis.LIRC UC Decision: Ekstrand, Janette - January 29, 1999 - ER 460 - Identification of liable employer; PC 713 - Hearing, Issues For Decision, PC 715 Hearing, Procedures, Misc. - Where department investigation addresses issue of which of a number of potential parties is the employer of a person determined to be an employee (rather than an independent contractor) it must send copies of the determination to all potential employers, and if a hearing is requested, notice of hearing must be sent to all potential employers

STATE OF WISCONSIN
LABOR AND INDUSTRY REVIEW COMMISSION
P O BOX 8126, MADISON, WI 53708-8126 (608/266-9850)

JANETTE EKSTRAND, Employer

UNEMPLOYMENT INSURANCE CONTRIBUTION LIABILITY DECISION
Account No. 663821, Hearing No. S9600514MD

Pursuant to authority granted in Wis. Stat. § 108.09(6), the Labor and Industry Review commission sets aside its March 26, 1998 order. The appeal tribunal decision issued on November 3, 1997 and the initial determination issued October 31, 1996 are set aside. This matter is remanded to the department.

Dated and mailed January 29, 1999
ekstrja . upr : 132 : 1 ER 460 PC 713 PC 715

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner

NOTE: The commission has determined that EDS and State of Wisconsin have yet to receive proper notice that they are potential employers in this case. Therefore, the matter is remanded back to the department. It is up to the department to proceed, if it so chooses, on both the issue of whether services were performed as employes or independent contractors and the employer issue. However, if the department does so, it must send the determinations to all potential employers, even though it determines a particular individual or entity is the employer. Of course, if an initial determination is issued and appealed, notice should be sent to all potential employers.

cc:
Attorney John W. Grindell
Attorney Michael J. Mathis

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