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Self Employed or an Employee

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  • 01-04-2009, 01:04 PM
    Chayce100
    Self Employed or an Employee
    My question involves unemployment benefits for the state of:WI. Sorry but this will be a long post so I will apologize ahead of time.
    I worked the same job for almost 3 years. They said I was self employed but I think I was treated as an employee ,therefore I would get unemployment benefits after they let me go. So I really I need some input here on what to do. It is true that I got a 1099 every year but that was about all I did as far as being self employed. I had a "boss". I had to ask the "boss' for a day off. I had to ask for a vacation and could only go when she said I could. She made me work holidays. She even told me who I could hire, how much to pay them. She also told me I had to fire them. Here is an example- I worked for 12 days straight and on Monday I asked her to take Tuesday off, she told me no. I told her I was going to take it off and she still kept telling me no. This took place in front of someone else that worked there. She called me at home that night and scolded me for talking to her in front of another employee because she was my supervisor and it didn't look good. I even had to tell her when I was starting my day because she needs to know where I am at and what I am doing at all times because she is my supervisor. She also told me how much I could charge for my services.
    I saw somewhere that by this woman treating me the way she did, she was actually treating me like an employee. What does everyone else think? Do I have a case? I was let go 6 months ago with just a piece of paper that said they no longer need my services. This was 1 week after they fired "my supervisor"
    Should I apply for unemployment benefits?
  • 01-04-2009, 02:09 PM
    OhMy
    Re: Self Employed or an Employee
    Quote:

    Quoting Chayce100
    View Post
    My question involves unemployment benefits for the state of:WI. Sorry but this will be a long post so I will apologize ahead of time.
    I worked the same job for almost 3 years. They said I was self employed but I think I was treated as an employee ,therefore I would get unemployment benefits after they let me go. So I really I need some input here on what to do. It is true that I got a 1099 every year but that was about all I did as far as being self employed. I had a "boss". I had to ask the "boss' for a day off. I had to ask for a vacation and could only go when she said I could. She made me work holidays. She even told me who I could hire, how much to pay them. She also told me I had to fire them. Here is an example- I worked for 12 days straight and on Monday I asked her to take Tuesday off, she told me no. I told her I was going to take it off and she still kept telling me no. This took place in front of someone else that worked there. She called me at home that night and scolded me for talking to her in front of another employee because she was my supervisor and it didn't look good. I even had to tell her when I was starting my day because she needs to know where I am at and what I am doing at all times because she is my supervisor. She also told me how much I could charge for my services.
    I saw somewhere that by this woman treating me the way she did, she was actually treating me like an employee. What does everyone else think? Do I have a case? I was let go 6 months ago with just a piece of paper that said they no longer need my services. This was 1 week after they fired "my supervisor"
    Should I apply for unemployment benefits?


    When you are issued a 1099 you are not considered an employee and not entitled to unemployment insurance.
  • 01-04-2009, 02:23 PM
    Chayce100
    Re: Self Employed or an Employee
    Quote:

    Quoting OhMy
    View Post
    When you are issued a 1099 you are not considered an employee and not entitled to unemployment insurance.

    I know that when you are self employed you are not able to collect unemployment. I guess I wasn't clear on what I was trying to ask.
    There is a criteria for being an "employee" or "independent contractor". If I fall into the employee criteria I am able to collect benefits. I believe that they were treating me as an employee and getting the benefit of using me as a "independent contractor" financially which is a big no no. So does anyone know what the criteria is for the state of WI? I know that they have like a 10 point criteria but I can't find it anywhere.
  • 01-04-2009, 03:33 PM
    LawResearcherMissy
    Re: Self Employed or an Employee
    The IRS uses these criteria.
  • 01-04-2009, 03:44 PM
    aaron
    Re: Self Employed or an Employee
    Here you go.
    Quote:

    Quoting Independent Contractor Definition s. 102.07(8), Wis. Stats.
    Under s. 102.07(8), Wis. Stats., a person is required to meet a nine-part test before he or she is considered an independent contractor rather than an employee. A person is not an independent contractor for worker’s compensation purposes just because the person says they are, or because the contractor over them says so, or because they both say so, or even if other regulators (including the federal government and other state agencies) say so.

    To be considered an independent contractor and not an employee, an individual must meet and maintain all nine of the following conditions:
    1. Maintain a separate business

    2. Obtain a Federal Employer Identification number from the Federal Internal Revenue Service (IRS) or have filed business or self-employment income tax returns with the IRS based on the work or service in the previous year. (See note below)

    3. Operate under specific contracts.

    4. Be responsible for operating expenses under the contracts.

    5. Be responsible for satisfactory performance of the work under the contracts.

    6. Be paid per contract, per job, by commission or by competitive bid.

    7. Be subject to profit or loss in performing the work under the contracts.

    8. Have recurring business liabilities and obligations.

    9. Be in a position to succeed or fail if business expense exceeds income.
    Note: When requesting a Federal Employee Identification Number (FEIN) from the IRS, the independent contractor inform the IRS of the requirement by Wisconsin Worker's Compensation law to obtain a FEIN. A social security number cannot be substituted for a FEIN and does not meet the legal burden of s. 102.07(8).

  • 01-07-2009, 03:16 PM
    Chayce100
    Re: Self Employed or an Employee
    Thanks for all the help. I am being advised by friends to seek reclassification from independent contractor to employee to be able to recieve unemployment benefits. Does anyone know how I should do this? Do I seek reclassification through the IRS or should I file for unemployment and seek it through them or should I retain a lawyer. I believe I have a pretty good case against them. Any help would be appreciated.
  • 01-07-2009, 04:45 PM
    aaron
    Re: Self Employed or an Employee
    Try the Department of Workforce Development.
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