The report to determine liability indicated that Premier was doing business under Delta's name at Delta's former location. Premier said at the hearing that it used Delta's letterhead and business cards. This evidence supports the representative's decision. Premier finally argues that it did not continue Delta's trade or business. To determine whether an employer has continued the essential character of the predecessor's business, courts look for continuation of management, employees, and clientele.
Courts also look for continuation of the predecessor's names and products.
Here, the report to determine succession stated that Premier intended to continue Delta's business and was continuing the same services, service policies, customers, market area, management policies, work schedules, and fringe benefits. The report to determine liability showed that Premier was doing business under Delta's name. Finally, although Premier specialized in one area, it continued in the debt collection business. These facts support the representative's decision that Premier continued the essential character of Delta's business.