If my former employer tried to misrepresent me as an independent contractor instead of as an employee to unemployment, what do I need to do?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my former employer tried to misrepresent me as an independent contractor instead of as an employee to unemployment, what do I need to do?
After losing my job a few weeks ago, I filed for unemployment benefits and a few days later I received a phone call from the VA Employment Commission. The person asked me a few questions and then later told me that I was ineligible to file for unemployment from my most recent employer because the company had not been reporting my wages. As advised by the VA Employment Commission I went to the local office and they investigated. My former boss (and owner of the company) stated that I was an independent contractor and not an employee, although she controlled my work.
Asked on September 29, 2010 under Employment Labor Law, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
You should seek out an employment attorney and discuss the matter with him or her. If you can prove that you were an employee, you may be able to sue your former employer for damages, such as for overtime that you should have been paid (but were not) or unemployment benefits. The issue of whether someone is an independent contractor or an employee depends on the facts of his or her work and the relationship with the company--it has nothing (or very, very little, anyway) to do with what an employer calls a worker. An employment attorney can listen to the facts of your situation and help you determine if you have a case, how strong it is, and what it might be worth. If you're curious, go to the U.S. Dept. of Labor website--you should be able to find information about the difference between employees and independent contractors.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.