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I worked at a Law Firm for 2 yrs and left to go work at an Animal Clinic with Benefits and closer home(20 mins to work instead of 45 mins). The Animal Clinic did not work out so I asked to go back to the Law Firm. They let me come back working at home with a reduced pay that what I was previously making, I was happy with that because I was home and not making that 45 mins drive. Well out of the blue the office manager emailed me and told me that the boss lady said for me to bring all work back to office because they have caught up and no longer needed me. I'm going to apply for unemployment but first wanted to ask for a letter stating that I was let go for lack of work. The boss said she can not do that because I was not an employee, I was an independant contractor(I was not aware of this). Can I still draw unemployment?


Asked by tgeary at 11:32 PM on Mar. 24, 2011 in Money & Work

Level 13 (933 Credits)
This question is closed.
Answers (5)
  • you can apply for way to know.

    Answer by 3HappylKidds at 11:34 PM on Mar. 24, 2011

  • I don't think you can if you were never officially employed with the company.. but I'm not entirely sure.

    Answer by xxlilmomma09 at 11:43 PM on Mar. 24, 2011

  • You can always apply, but look at the state website for where you are. Each state may be different. If you didn't pay into the system, you may not be eligible. Good luck!

    Answer by musicpisces at 11:49 PM on Mar. 24, 2011

  • Depending upon the jurisdiction-- "independent contractor" typically means you have a contract specifying what work needs to be done and in what time frame. However, many employers attempt to label their employees as such to avoid paying some taxes and required insurance, such as workers' comp.

    Look up the statute in your state defining an "employee." Did you sign a contact specifying your IC status? If not, were you aware (obviously not) of that status? Did they designate what hours you had to be available? How you completed your work? When it had to be done? How it had to be done?

    I would apply anyway and dispute the status.

    Answer by Busimommi at 12:01 AM on Mar. 25, 2011

  • Did they take taxes out of your wages and pay you like a regular employee? Or are they doing a 1099 or whatever form it is for you at the end of the year? How long have you been back there? If it was before the end of the year, did they issue you a W-2? If you were unaware that you were being paid as an independent contractor, chances are, I find it hard to believe you weren't being paid as a regular employee.

    Even if this is true, depending on how long ago you were working for the other place, you may still be able to draw unemployment on them even though you left voluntarily for other work, if they were used to establish an income in your base period.

    I would check it out and see.

    Answer by Mom-2-3-Girlz at 12:02 AM on Mar. 25, 2011