Legal Opinion

Transport Oil, Inc. v. Cummings

Wisconsin Supreme Court

Decided March 28, 1972No. 2PublishedCited by 44 opinions

1Opinion of the CourtWilkie, J.

Two issues are raised on this appeal:

1. Was Cummings an employee within the meaning of sec. 108.02 (3), Stats.?

2. Was Cummings discharged for misconduct thereby-excluding him from compensation benefits ?

Was Cummings an employee of Transport?

A. Did the department apply the proper criteria? Sec. 108.02 (3), Stats., defines an “employee” for the purposes of unemployment compensation. That statute provides:

“(3) Employe, (a) ‘Employe’ means any individual who is or has been performing services for an employing unit, in an employment, whether or not he is paid directly by such employing unit;…

2Cases cited14 opinions

  1. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
  2. Burlington Truck Lines, Inc. v. United StatesSupreme Court of the United States · 1962
  3. Phelps Dodge Corp. v. National Labor Relations BoardSupreme Court of the United States · 1941
  4. Boynton Cab Co. v. NeubeckWisconsin Supreme Court · 1941
  5. Jacob Siegel Co. v. Federal Trade CommissionSupreme Court of the United States · 1946

9 more not listed; retrieve them via the Exa API.

3Cited by44 opinions

  1. Tilseth v. Midwest Lumber Co.Supreme Court of Minnesota · 1973
  2. Snyder v. Waukesha County Zoning Board of AdjustmentWisconsin Supreme Court · 1976
  3. Parker v. St. Maries PlywoodIdaho Supreme Court · 1980
  4. Princess House, Inc. v. Department of Industry, Labor & Human RelationsWisconsin Supreme Court · 1983
  5. State Ex Rel. Harris v. Annuity & Pension BoardWisconsin Supreme Court · 1979

39 more not listed; retrieve them via the Exa API.

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