Independent Contractor and Unemployment
Christina was an attorney who worked for a law firm. She was considered a junior partner, and paid as an independent contractor. She did not, however, enjoy many of the benefits of a true partnership, such as profit sharing, participation in decision making, among other things.
When Christina was laid off, she attempted to collect unemployment, but was denied because she was not considered an employee by the law firm. Christina had no interest in pursuing additional remedies for her classification, such as damages under the Wage Act. She bore no ill will toward the firm for her layoff- it was an economic decision that affected others in the firm as well. She was, however, depending on the safety net of unemployment benefits to tide her and her family over until she could find a new job. Independent Contractor Law SolutionChristina came to us for help with her unemployment appeal. We analyzed her job responsibilities and the nature of the partnership, and argued at the appeal hearing that she should not be penalized for the law firm's decision to classify her improperly as an independent contractor.
The matter ultimately resolved with Christina being made whole for all of the unemployment benefits she had initially been denied. PostscriptChristina was able to support her family during her period of unemployment, and eventually found a new job she was very happy with.
If you are in a similar situation, remember that even if it is common practice in your industry or profession for certain people to be paid as independent contractors, that does not necessarily mean it is lawful under the Massachusetts Independent Contractor Law. Also, remember that you should not give up on unemployment if you are initially denied because you are a 1099 employee. You can challenge that decision on appeal, and you may still be able to collect benefits. |
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