Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Misclassified Employee - Unemployment Benefits in Florida

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Misclassified Employee - Unemployment Benefits in Florida

    I am professionally trained in Architecture and I am being misclassified as an Independent Contractor. I do the same work as the other classified "employees". I have been laid off as of this Friday. Am I eligible to file for Unemployment Benefits in Florida?

  • #2
    Yes and no. You will file for UI, your state will never have heard of you and your state will (correctly) say that no UI funds were ever reported on your behalf. You will say that you that you really were an employee after all, and it is not your fault that you were working all this time without bothering to report your employer for failing to treat you like an employee. Your state may or might not care. FL does not care about a lot of employee related things. But assuming that they do care, they will (eventually) research this, have a hearing or whatever they do to determine if you really are an employee or not (no, they will not just take your word for it). Assuming that they do indeed look into this, and that they do indeed eventually decide that you really are an employee after all, then maybe you will get UI. Or not.

    Go ahead and file. There is no reason for you not to. But there is no chance you will quickly get UI benefits. There is no certainty that you will ever get UI benefits. The problem with going along with the independant contractor classification until now is that you tacitly agreed with the "employers" decision to not report your "wages" into the FL UI system. IC do not get UI benefits.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

    Comment


    • #3
      What about the taxes that I had to pay because my employer wasn't? My last and only filing was September 15th. My understanding was that since my employer wasn't paying those taxes, I had to. Furthermore, I did not go along with the misclassification, I didn't want to lose my job or bring attention to anything that would make me lose my job. On another note, this is my 2nd layoff. My first, I only collected for 4 months. The current job only lasted 5 months. Can I reopen my last case? Not trying to be rude here, just to the point. Thanks.

      Comment


      • #4
        Which taxes are you talking about? You perhaps mean the federal Self Employment Taxes (basically both sides of FICA) which goes into your social security account, and federal income tax, neither of which Florida actually sees. FL does not have a state income tax, so you could not have paid that. FL does have a tax on wages for unemployment purposes (SUTA), but that is paid by employers for their employees. Are you claiming that you somehow paid FL SUTA taxes? The key is that all states not only get the taxes, but they also get a state quarterly report from the employers which list all employees, SSN and related wages. If your "employer" really has been treated you like an IC (independent contractor), then they would not have included you on their employee only quarterly return.

        Like I said, go ahead and file, but it is likely that the FL state UI folks have no record of your wages if your employer really treated you like an IC. The other problem is that if FL wants to be chippy about this, they will say that that this last place was your "customer", not your "employer", and that it does not count at all for UI purposes. States have a lot of latitude in this area.

        If you have done other jobs for other employers, then those employers presumably did report your wages. Maybe that will be enough. Maybe it will not be. Until you file, there is no way of telling.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

        Comment

        The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
        Working...
        X