Employment Law -- Employee

What Is A Successor Or Same Party Of Interest Successor?

A successor is an employer who either acquires all of the organization, trade, business, or substantially all the assets of another employer or employers, or acquires a distinct, severable, identifiable, and segregable portion of the business of another employer or employers and continues that portion of the business. A predecessor is an employer whose business or portion of the business was acquired by a successor. A successor that is either directly or indirectly controlled by legally enforceable means, or otherwise, by an individual, type of organization, or an employing unit having a commonality of beneficial interest or interests as those of the predecessor shall be considered a “same party(ies) of interest” successor. A “same party(ies) of interest” successor acquires the experience rating factors and the liability for current or delinquent unpaid premiums, interest, penalties, and other remaining liabilities of the predecessor. A successor shall be considered the “same party(ies) of interest” as the predecessor, unless shown otherwise, when the successor is a relative by blood or marriage of the predecessor and whenever the successor is a corporation in which a relative of the predecessor has at least a 10 percent ownership interest.

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