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Independent Contractor and Unemployment

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 Solution

Christina 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.

Postscript

Christina 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.  

Need Help With an Independent Contractor Classification?

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We have years of experience helping people with employment classification issues, and we would be happy to help. You can use the button below to schedule a call back from a member of our team, or give us a call at  781-784-2322.
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  • Home
  • Employment Law
    • Guide To Employment Law Content
    • Advice for Employers
    • Employment Contracts in Massachusetts
    • Discrimination in the Workplace
    • Employment Termination >
      • Massachusetts Paid Family Leave
      • Severance Pay
      • Unemployment in Massachusetts
      • Should I Accept a Severance?
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws >
      • Overtime Law >
        • Overtime Exemptions
        • Employee Travel Time
        • Federal or State Overtime Law
      • Massachusetts Wage Act >
        • Payment of Commissions
        • Wage Deductions
        • Late Payment of Wages
        • Paid Time Off
    • Independent Contractor Law >
      • Independent Contractor Test
      • Working As Independent Contractor
      • Hiring Independent Contractors in Massachusetts
      • Is My Independent Contractor Status Legal?
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
      • Can I Avoid My Non Compete?
    • Do I Have a Case?
  • Estate Planning
    • Guide To Estate Planning Content
    • Legacy Protection
    • Why You Need an Estate Plan
    • Why You Don't Have an Estate Plan
    • Estate Planning Documents >
      • Children with Special Needs
    • Planning for Assisted Living
    • Probate Process
  • Business Law
    • Guide To Business Law Content
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • About
    • Reviews
    • Slnlaw Offices
    • slnlaw core values
    • Publications and Interviews
    • New Client Intake and Consultation
    • Contact
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Sharleen Tinnin
    • Elijah Bresley
  • Legal FAQs
    • Estate Planning FAQs
    • Probate FAQs
    • Small Business FAQs
    • Wage Act FAQs
    • Commission Pay FAQs
    • Overtime FAQs
    • Independent Contractor FAQs
    • Non Compete FAQs
    • Employment Discrimination FAQs
    • Employment Termination FAQs
    • Massachusettts Unemployment FAQs
    • Severance Package FAQs
    • Medical Leave FAQs
    • Sexual Harassment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs
  • Blog