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  1. #1
    Join Date
    Mar 2014
    Location
    Long Island
    Posts
    1

    Default How Can a Person Classified as an Independent Contractor Get Unemployment Benefits

    My question involves unemployment benefits for the state of: New York

    Hello,
    I'm a 1st time Poster.
    I worked for a Company that hired me as an IC. After a few months, my role expanded, and I began working 40+ hours per week, was given business cards, had to attend weekly conference calls, provide written reports, etc.
    When I was hired, I was told that I had to have a business account, and that I had to Invoice to be paid.
    This relationship continued until 9/2013, when the infighting by the Board of Directors, caused the Company to fail.

    Here's my confusion:
    When the Company started to default on payments, I called NY State Dept of Labor, and was directed to a publication called, establishing an Employer/Employee Relationship.
    It's guidelines described my situation exactly.

    I resigned from the Company, and filed an unpaid wages claim.
    It was denied, because I was an IC, and the investigation that was performed consisted of calling my Employer and asking if I was an IC.

    I filed for Unemployment, and filed out the form, with my Income for 2 and half years I worked for them.
    I provided 39 pages of documentation of payments, answered the Questionnaire, to establish the Relationship, and was denied.
    The Denial states that insufficient evidence was provided. That I was an IC, Invoiced for payment, and had a business account!

    I have now requested a Hearing, to provide all the documentation I have to support the NYS DOL Employee/Employer Relationship.

    Has anyone had a similar experience in this area?
    Thank you in advance!

  2. #2
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: Establishing an Employer/Employee Relationship for 1099's

    You did it backwards. You need to first file for a determination that you were an employee. When you get that determination, you can then file wage and unemployment insurance claims.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Establishing an Employer/Employee Relationship for 1099's


  4. #4
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: How Can a Person Classified as an Independent Contractor Get Unemployment Benefit

    Quote Quoting msla
    View Post
    I resigned from the Company, and filed an unpaid wages claim.
    It was denied, because I was an IC, and the investigation that was performed consisted of calling my Employer and asking if I was an IC.
    Not being paid can be good cause to quit, but quite often the claimant makes no effort prior to quitting to collect, and is denied for that reason. Keep that in mind if you have success being reclassified as an employee. You're going to need proof of your efforts, and I hope it was mentioned in your letter of resignation that you were quiting because you weren't getting paid.

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