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!

