What is the name of your state? NY
I was laid off from a position as a day care teacher in 9/05. Shortly after my lay off notice, I looked for another job. I found a temp job right away as a project coordinator. The job was supposed to last through November, though it was never said when in November and the end of the project was not in writing. At hiring, they presented me with a contract that was standard procedure. It said I was an independent contractor and that I was not entitled to unemployment.
In late October, I was told that my project was cancelled by the client. This was on a Friday and they told me I could finish up/clean up my work by Monday since they wouldn't need me anymore after that. After my last day, I called NYSDOL to see where I stood. Here I was laid off from 2 jobs and I wanted to know if I was entitled to anything.
I told them about the contract I signed, and DOL said regardless of that, I should file a claim and let them investigate it. They said besides that, the contract sounds illegal, that no one has the right to tell anyone what they are or are not entitled to. They sent me a questionnaire to find the nature of my employment and my checks started coming a couple of weeks later.
Then after a month, the checks stopped coming and DOL said my last employer contested my claim. They lied and said I voluntarily quit. The DOL rep told me to hold tight and that they will further investigate it based on my answers and my employer's answers. Then after 2 months, the checks started coming again. I called to see if the case was resolved and was told it was.
I received a notice for a hearing because apparently my last employer was not happy. I called DOL and they told me that they are arguing that I am not entitled to any benefits, but DOL assured me that based on the nature of my employment, I am entitled. They said that since I interviewed for the job, worked set hours, answered to a supervisor, and received training... all this makes the definition of an employee. So it's just a matter of showing my face. That hearing was 2 weeks ago. I showed up, someone from the job showed up, but they could not proceed because their witnesses and lawyer weren't ready. So the case was closed.
The case has been reopened and my hearing is next week. I am wondering if I should hire a lawyer since they have one also. I am not much of a debater, so am afraid that I will lose and will buckle under pressure.
I have already collected 100% of my benefits. If someone has any advice on if I should get a lawyer or if my case is strong enough as is (as DOL has assured me) please just give me any insight.
Thank you in advance.
I was laid off from a position as a day care teacher in 9/05. Shortly after my lay off notice, I looked for another job. I found a temp job right away as a project coordinator. The job was supposed to last through November, though it was never said when in November and the end of the project was not in writing. At hiring, they presented me with a contract that was standard procedure. It said I was an independent contractor and that I was not entitled to unemployment.
In late October, I was told that my project was cancelled by the client. This was on a Friday and they told me I could finish up/clean up my work by Monday since they wouldn't need me anymore after that. After my last day, I called NYSDOL to see where I stood. Here I was laid off from 2 jobs and I wanted to know if I was entitled to anything.
I told them about the contract I signed, and DOL said regardless of that, I should file a claim and let them investigate it. They said besides that, the contract sounds illegal, that no one has the right to tell anyone what they are or are not entitled to. They sent me a questionnaire to find the nature of my employment and my checks started coming a couple of weeks later.
Then after a month, the checks stopped coming and DOL said my last employer contested my claim. They lied and said I voluntarily quit. The DOL rep told me to hold tight and that they will further investigate it based on my answers and my employer's answers. Then after 2 months, the checks started coming again. I called to see if the case was resolved and was told it was.
I received a notice for a hearing because apparently my last employer was not happy. I called DOL and they told me that they are arguing that I am not entitled to any benefits, but DOL assured me that based on the nature of my employment, I am entitled. They said that since I interviewed for the job, worked set hours, answered to a supervisor, and received training... all this makes the definition of an employee. So it's just a matter of showing my face. That hearing was 2 weeks ago. I showed up, someone from the job showed up, but they could not proceed because their witnesses and lawyer weren't ready. So the case was closed.
The case has been reopened and my hearing is next week. I am wondering if I should hire a lawyer since they have one also. I am not much of a debater, so am afraid that I will lose and will buckle under pressure.
I have already collected 100% of my benefits. If someone has any advice on if I should get a lawyer or if my case is strong enough as is (as DOL has assured me) please just give me any insight.
Thank you in advance.
