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Employee vs. Contractor Employment Status

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  • kah528
    started a topic Employee vs. Contractor Employment Status

    Employee vs. Contractor Employment Status

    I was recently laid off due to workforce reductions. When I went to file for unemployment benefits I discovered that due to being treated as an independent contractor for the first 3 months of my employment instead of a regular employee, my benefits were cut in half. Are there repercussions for the corporation that improperly classified me as a contractor in terms of unpaid payroll taxes and do I have any recourse to demand the difference in unemployment benefits between what I could have been awarded if I had been a proper W2 employee?

    Thank you!

  • Pattymd
    replied
    I don't know what else to tell you, except it sounds like you were an employee from the very beginning. I don't suppose you have any check stubs from back then?

    In any case, I would file the appeal stating that you actually started work on XX-XX-XXXX date and you believe you were misclassified as an IC from that date through whenever you officially became an employee. The employer would have to prove to the state's satisfaction that you were not; burden of proof is on him.

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  • kah528
    replied
    W2 v. Contractor

    Dear Patty,

    Thank you for your response!

    When the company hired my boss as president, he brought me in as his personal assistant and paid me directly. He then submitted that amount on his weekly expense report to the accounting department for reimbursement. This went on for the first 2 weeks after which I was asked to fill out a W9 form and was paid directly by the company. During this time, I was directed as to what time to arrive, what projects to work on and interacted with all levels of the company to achieve common company goals. I did not bring any of my own materials to office, I was provided a computer, email account, and any other item necessary to work effectively in the office. I wasn't made a regular W2 employee until about 2 and a half months later.

    Any further advice would be greatly appreciated!
    Last edited by kah528; 02-28-2008, 01:04 PM. Reason: typo

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  • DAW
    replied
    Attached is a pointer to the federal DOL rules on worker classification.

    http://www.dol.gov/esa/regs/compliance/whd/whdfs13.pdf

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  • Pattymd
    replied
    Yeah, I think you can appeal the benefit amount. Give the state a call and ask them. Did you, in fact, meet the criteria for IC status at ANY time during your work at this company?

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