laying off employee/offer contract position

[nanomug]

What is the name of your state (only U.S. law)? California

An employer is laying off employees. Two days after the lay off the employer calls with good news that they have a contract job to offer them for significantly less money and no benefits. The contract job is the same as the job the employee was laid off on complete with the same requirements of being on the job in the building at specific times and days.

Some employees filed for unemployment and have said no to the contract job. As a result they are being denied unemployment benefits because they turned down work.

Any recourse for the employee denied unemployment benefits? What does the employer have to do to prove that the independent contractor is that as opposed to being an employee ?

 

[justalayman]

I have a difficult time accepting the UI turn down if the people are expected to become independent contractors. That is generally not a justification for denial of benefits as being an IC means the person is self employed and owns their own "company".

Are these people making it clear they are expected to be IC's when regaining the work?

What does the employer have to do to prove that the independent contractor is that as opposed to being an employee ?

it can be difficult to make a distinction between IC and employee but the IRS has a site that helps one make that determination:

Independent Contractor (Self-Employed) or Employee?

 

[Banned_Princess]

I have a difficult time accepting the UI turn down if the people are expected to become independent contractors. That is generally not a justification for denial of benefits as being an IC means the person is self employed and owns their own "company".

Are these people making it clear they are expected to be IC's when regaining the work?


it can be difficult to make a distinction between IC and employee but the IRS has a site that helps one make that determination:

http://www.irs.gov/businesses/small/article/0,,id=99921,00.html]Independent Contractor (Self-Employed) or Employee?

your link didn't link.

maybe with the way i fixed it. . .


no it did'nt fix it. could I bother you to { ]img][/img} the website link?

 

[justalayman]

well, it worked for me but you have to copy and paste ONLY the section from, and including the www. through the "html" (ending at the first ] )


http://www.irs.gov/businesses/small/article/0,,id=99921,00.html

or you could do it the way you suggested ( )

 

[aldaron]

Justlayman has linked very well over the years TYVM!.

 

[CSO286]

Justlayman has linked very well over the years TYVM!.

Have you been drinking?

Seriously??

 

[Banned_Princess]

well, it worked for me but you have to copy and paste ONLY the section from, and including the www. through the "html" (ending at the first ] )


http://www.irs.gov/businesses/small/article/0,,id=99921,00.html

or you could do it the way you suggested ( )

see that went through.. thank you i. have been casually wondering about this type of employment and its taxes. glad it came up.

cheers


darn, it just leads me to more questions.

 

[Banned_Princess]

I don't want to rock the boat I'm in, especially in these toxic waters.... but I think I am being misclassified as a 1099 worker.

is just my agreeing to be paid as a independent contractor, make me one? could I complain about being misclassified (and getting no tax deductions, just an invoice and a check for the cleaning service i provide which my "employer" tells me what to clean, and provides the cleaning equipment and products) -without fear of termination? no i suppose not.

I appear to be a third party independent contractor, because my boss is definitely a outside contract for the factory he pays me to clean. (he pays several people as independents although we have our own area to clean, in different parts of the factory) and distributes his contract to clean this place onto us...

 

[commentator]

What is the name of your state (only U.S. law)? California


Some employees filed for unemployment and have said no to the contract job. As a result they are being denied unemployment benefits because they turned down work.

Any recourse for the employee denied unemployment benefits? What does the employer have to do to prove that the independent contractor is that as opposed to being an employee ?

These employees who have refused to accept the same job for less wages and no benefits as independent contractors should say they have refused work. This will stop their benefits while the unemployment system is doing their research, they will need to get the information about the job the individual has refused, what it pays, what it involves, and especially that it is in nature, exactly the same job they had previously, except they will now be classified as independent contractors, but that it will stop their benefits permanently, well, I'd be very surprised. they should continue to make their weekly certifications, and they will be ajudicated on the "refused work" issue, and if they can show that it is NOT an equivalent job, then their benefits will not be permanently stopped.
Tell them to read the small print, and file the appeals, and they should be okay with refusing to take the new job for the same employer. The definition of independent contractor and employee is different, not just on the whim of the employer.

 

[justalayman]

I don't want to rock the boat I'm in, especially in these toxic waters.... but I think I am being misclassified as a 1099 worker.:

BP, why don't you start your own thread on the issue. You've been around long enough the you know you shouldn't hijack another's thread.

but yes, it sounds like you may be classified improperly.

 

[Banned_Princess]

BP, why don't you start your own thread on the issue. You've been around long enough the you know you shouldn't hijack another's thread.

but yes, it sounds like you may be classified improperly.

yes, I was just doing that... I know I know