Let go today as contractor: benefit question New York

[gigant]

Hi,

My company let me go today and I have a question about how to apply for unemployment benefits;

I worked for my company located in Manhattan in the AR department for 5 months from Aug 2006 unitil today from 9am to 7pm, paid by the hour with my own desk, e mail address, phone # . I worked under the supervision if my AR manager and I
the duties were assigned to me daily and/or weekly.

I am eligible to apply for employment benefits?

I appreciate your cooperation, any suggestion will be helpful;

THank you


I appreciate your cooperation.

Best Regards;

roberto

[ScottB]

While the term "contractor" bothers me, you describe your job as one of an employee.

There is no penalty involved in filing for unemployment should the State deem you ineligible. Only the State can decide whether or not you qualify.

[robb71]

Do you know if you'll be receiving a 1099 or W-2 for tax purposes?

The answer should help clear up if you are a contractor or employee.

[gigant]

I will be receiving a 1099 by end of January,

The official title was Indipendent contractor but the duties
and , responsibilities, were completely the same as the
"regular employees" that have been working in the same dept for 3 or 4 years

Based on The official web site NY State Dept of Labor there
is no Penalty to apply, but how the process works?

The company owe me a December bonus (that hopefully will
be paid this week....); If I apply and the company dispute the benefits,
can I risk to see my check disappear?.........

Thanks

[robb71]

The problem is that independent contractors generally do not qualify for unemployment. The company did not pay unemployment insurance on wages you were paid. I agree this arrangement sounds suspect (per your description). My suggestion is to contact your state's UI board to discuss your situation. Someone there should be able to explain if you are eligible to apply or not.

http://www.labor.state.ny.us/ui/bpta...20Numbers.shtm

[Pattymd]

And I am not at all comfortable that you have been treated as an IC. Definitely, file. Why did you agree to this situation?

[gigant]

I was not confortable with that IC situation as well,

EXcept managers, all new hire start as contractors, I had
no choice but accept the position if I wanted to work with
them;

Now, the confusion about filing or not as IC is quite
surprising me.....how come there is no specific/defined rules for
this kind of cases??
....also...I have to get ready to pay about 30% tax upon my gross
salary...
IC is definitely great...only for the company!
thanks

[gigant]

.....pls forgive my stress,

when I file my claim should I file as self-employee or
employee?.....
..( I DID NOT signed or made any agreement when I started
working for them, they just told me the hourly pay and set
uo my desk)

thanks

[ElleMD]

As rjc suggested, call the state and run the scenario by them and ask how to proceed.

[gigant]

a previous post from Pattymd answering about a freelancerTV wiht the same problem, actually answer a lot of my questions:

"""""]Whether or not you can collect UI benefits is not necessarily dependent on your last period of work ONLY, but whether the total wages you have earned as an employee in the base period are sufficient to establish eligibility.
http://www.ctdol.state.ct.us/progsup...20Requirements

Having said that, though, the reason for your separation from work with this last company must have been for a reason that does not disqualify you from benefits. Generally speaking, if you are a free-lance independent consultant doing the type of work you do, you're working for a specified period of time, knowing that the job is "temporary" to start with.

You can file; you have nothing to lose. The worst that can happen is you are denied benefits and the state will tell you why. I would not be at all optimistic, however. It's one of the drawbacks in being in business for yourself which, basically, is what you are"""""

I will file.