alishalove
Junior Member
What is the name of your state (only U.S. law)? Massachusetts
Hi,
My friend was hired as an independent contractor for a very small five person business - an author and his wife. My friend's mother was sick and dying and since she was not eligible for FMLA or any other type of leave she initially took one week of her vacation time, so she could spend time with her dying mother. She gave her employer short notice that she would be using some of her vacation time. During that week her mother did not pass and hospice prolonged her mother's passing for the following week.
During the weekend before my friend was to report back to work she got really sick and was rushed the hospital. Stress related the doctor said. Needless to say she wasn't handling her mother's soon to be death very well. She discharged herself on Tuesday and a day later during that week her mother passed. She didn't call or inform her employer of her return or of her mothers passing. Yes, she should have called them but she was a mess and it was the last thing on her mind. She finally called her work after the funeral/wake on that weekend informing them of everything that happened and stating she'd like to come back and if not she understands their stance even though she had plenty of unused vacation time to use. She just failed to call them during that 2nd week.
Well she never got a returned call from her employer and she phoned them about three times. Is she eligible for unemployment? What are your thoughts? Also, she believes that she was misclassified as an independent contractor and should have been an employee. She did some research on this online and some of the questions she had answered YES to would automatically make her an employee vs. an independent contractor (she said). Things that were promised in her agreement (life insurance, IRA, bonus) were also never granted....
Hi,
My friend was hired as an independent contractor for a very small five person business - an author and his wife. My friend's mother was sick and dying and since she was not eligible for FMLA or any other type of leave she initially took one week of her vacation time, so she could spend time with her dying mother. She gave her employer short notice that she would be using some of her vacation time. During that week her mother did not pass and hospice prolonged her mother's passing for the following week.
During the weekend before my friend was to report back to work she got really sick and was rushed the hospital. Stress related the doctor said. Needless to say she wasn't handling her mother's soon to be death very well. She discharged herself on Tuesday and a day later during that week her mother passed. She didn't call or inform her employer of her return or of her mothers passing. Yes, she should have called them but she was a mess and it was the last thing on her mind. She finally called her work after the funeral/wake on that weekend informing them of everything that happened and stating she'd like to come back and if not she understands their stance even though she had plenty of unused vacation time to use. She just failed to call them during that 2nd week.
Well she never got a returned call from her employer and she phoned them about three times. Is she eligible for unemployment? What are your thoughts? Also, she believes that she was misclassified as an independent contractor and should have been an employee. She did some research on this online and some of the questions she had answered YES to would automatically make her an employee vs. an independent contractor (she said). Things that were promised in her agreement (life insurance, IRA, bonus) were also never granted....
