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Appellate Court of Illinois


SMRJ, Inc. v. Russell, 1070112

In the matter of an administrative decision by the Director of the Illinois Department of Employment Security, finding that a number of workers who performed services pursuant to referrals by defendant were employees rather than independent contractors is affirmed over claims that: 1) defendant was denied due process and a fair hearing because the Director's representative who conducted the administrative hearing was biased against its interests; 2) defendant was not the employer of the subject workers; 3) defendant's payments to the subject workers were not wages; 4) the subject workers were independent contractors and were exempt from coverage pursuant to section 212 of the Unemployment Insurance Act; 5) the doctrine of equitable estoppel precluded the Department from enforcing its determination and assessment and from collecting statutory interest on the unpaid contributions; and 6) the circuit court erred in entering a monetary judgment and miscalculated the amount of statutory interest owed.

Appellate Information

  • Decided 12/26/2007
  • Published 01/02/2008

Judges

Court

  • Appellate Court of Illinois

Counsel

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