My question involves independent contractors in the state of: Connecticut
I worked for a CPA/Financial Advisor as an admin for 2.5 years. Upon being hired, I was told I would be a 1099, and thought nothing of it. The woman I replaced made mention of how "Cheap" our employer was, so I kept my radar up. Eventually I began to see that his business ethics were barely legal, at best. He would recommend investments based on the biggest commissions, had one gentleman out of work and going thru a divorce take his funds from a plan he could have withdrawn from at any time without any penalty should he need to pay his new mortgage or pay child support during his unemployment period to a plan that he couldn't touch the funds for seven years without double the usual penalty from the IRS and company itself and would blatantly lie to people to get them to sign documents so he could get paid. He hid many things from the firm we cleared with so he wouldn't have to pay overrides. Several files had documents that were blank but signed, or withdrawal requests from prior years with white out and a new date input. I noticed that even when I presented additional hours worked, he stated he would only pay me the agreed upon hours and nothing more. I started keeping track.
Fast forward to the end of our working together, and I was advised from a friend he misclassified me. So I filed for unemployment. I also submitted for the past due wages. Both divisions of the DOL found that he had misclassified me, and that because he had no records of time sheets or anything, he had to pay the back due wages. Ironically, he provided a W2 for those wages and took taxes out, but for the remainder of the income I made at that time, he provided a 1099-MISC, just as he had for the past years.
Of course my unemployment was denied, citing wilful misconduct for consistent tardiness, all of which he was aware of. I explained to the person from UI that I had been found to be misclassified and she denied the claim anyway. I received my decision and began to prepare my appeal when several medical issues arose, and I was 2 days late in filing my appeal.
The hearing was held, and the denial reversed, citing that I had just cause in being late in filing my appeal under CT Gen Statutes 31-237g-15b-vii, and also that the boss had "condoned" my tardiness because his initial claim, citing only 3 instances was replaced with 70 instances using the gate entrance times due to his inadequate records.
Being the way he is, he appealed the decision, claiming wilful misconduct. The board of appeals reversed the decision in his favor.
I also received a second letter stating that they listened to the recording of my appeal and state that my claim of the confusion of dates due to medical issues versus my statement of "fell by the wayside" is not consistent. I didn't realize I needed to fully document every single medical condition and thought that my documentation provided at the hearing was sufficient. Most state agencies rely on facts, I provided the facts, it was a medical issue. I didn't want to say because of extensive pain, high doses of pain medication and multiple appointments, things got confused. It did not sound factual. It fell by the wayside due to medical issues, enough said. And I filed 2 days late, not 5, or 10. TWO.
And now I can either motion the board to reopen or take it to the Supreme Court, which either way, he has given me more than enough evidence with the tax documents, please everything else I have.
Here are my questions:
1) Why, if it was found that I was terminated as a 1099 and NOT an employee, are they allowing me to be fired as a 1099 for an employee reason? Why would the UI interviewer not even consider that in her findings?
2) Which would be the best solution? Take it to the Supreme Court or ask them to re examine everything, providing the new evidence? Being that my medical issue continues to this day, almost 5 months later, I don't exactly have the funds to hire an attorney, but have no problem fighting it representing myself. If just don't know which cases to cite when I go to the Supreme Court or even to the Board of Appeals.
Any input would be much appreciated. Even if you know of or are an attorney looking for good karma and are willing to do this pro bono or on a payment plan and want to help someone who stayed at this position because elderly people were having their funds mismanaged for better commissions (something I will be taking to the Dept of Banking and SEC once this is over), then please let me know. But any suggestions or recommendations from others in similar situations would be greatly appreciated.

