Legal Opinion

AFM Messenger Service, Inc. v. Department of Employment Security

Illinois Supreme Court

Decided September 20, 2001No. 89984 RelPublished

1Opinion of the Court 1

Docket No. 89984–Agenda 25–March 2001.

AFM MESSENGER SERVICE, INC., Appellant, v. THE DEPARTMENT OF EMPLOYMENT SECURITY et al. ,

Appellees.

Opinion filed September 20, 2001.

2Opinion of the Court · FitzgeraldJustice Fitzgerald

In this appeal we consider whether delivery drivers for AFM Messenger Service, Inc. (AFM), were “independent contractors” within the meaning of section 212 of the Unemployment Insurance Act (820 ILCS 405/212 (West 2000)). In two separate administrative proceedings, the Department of Employment Security (Department) determined that the drivers were employees and not independent contractors. AFM was, therefore, liable for…

3Cases cited42 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  3. Pullman-Standard v. SwintSupreme Court of the United States · 1982
  4. Concrete Pipe & Products of Cal., Inc. v. Construction Laborers Pension Trust for Southern Cal.Supreme Court of the United States · 1993
  5. City of Belvidere v. Illinois State Labor Relations BoardIllinois Supreme Court · 1998

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