unemployment/independant contractorvsemployee

[styleecaviar]

What is the name of your state? I am In TN. My situation is the following....I was let go from my job with no reason for termination, and when I went to apply for unemployment I found out that I can not receive any because I was on the books at my job as an independant contractor. I feel this is wrong because I was NOT a independant contractor. I had my own desk in the office and was part of a staff of three, attended all staff meetings, was listed on the website as an employee, used all their materials and resources, and adhered to all their company policies. Also, the way I started my employment was as an unpaid intern, but i was not registered through an educational institution. Do I have any grounds for legal action? I also was given no notice prior to my termination. Any advise would be greatly appreciated.

 

[hexeliebe]

And how were you paid? Did you receive a 1099, were you there through another firm that placed you in that position (a consulting agency) .

 

[HomeGuru]

iginally posted by styleecaviar [/i]
What is the name of your state? I am In TN. My situation is the following....I was let go from my job with no reason for termination, and when I went to apply for unemployment I found out that I can not receive any because I was on the books at my job as an independant contractor. I feel this is wrong because I was NOT a independant contractor. I had my own desk in the office and was part of a staff of three, attended all staff meetings, was listed on the website as an employee, used all their materials and resources, and adhered to all their company policies. Also, the way I started my employment was as an unpaid intern, but i was not registered through an educational institution. Do I have any grounds for legal action? I also was given no notice prior to my termination. Any advise would be greatly appreciated. [/QUOTE]

**A: you may have a point. Review the IRS and TN state IC test.

 

[Beth3]

Also - were state and federal income taxes and social security taxes withheld from your paychecks? Did you participate in any benefit programs the employer offered, such as health insurance or their retirement plan?

 

[hexeliebe]

Well? did you come here for answers or just to vent?

 

[styleecaviar]

situation

I am supposed to be receiving a 1099 but they haven't supplied it yet. I was not placed through another firm, I started as an unpaid intern and they chose to hire me on in august. No taxes were taken from my paychecks, and no benefits were provided.

 

[styleecaviar]

response

I was paid hourly, every two weeks by company check

 

[hexeliebe]

Thank you for playing. Please pick up your parting gifts at the door on your way out.


OUCH!@

 

[Beth3]

"No taxes were taken from my paychecks, and no benefits were provided." And that didn't give you some sort of clue that they weren't treating you as an employee??? Or did you think by some miracle that you were exempt from having to pay income taxes on your wages?

What you can do is contact your State's Department of Labor to discuss whether you could be properly treated as an IC. It's not necessarily a simple matter to determine. If it was proper for them to have treated you as an IC, then they were not required to include you in their UC tax rolls.