Legal Question in Employment Law in Massachusetts
Independent/Employee Status?
I worked for a Medical CD-Rom publisher since
1998 as a Graphic Specialist in Massachusetts. Upon
a year of employment I decided that I was returning to
my hometown in New York State. I was offered to work
remotely providing the same duties although was to be
considered a Independent Contractor thus losing many
of my benefits. Upon continuing this relationship for
more than two years I was told my employment/
relationship was coming to an end. I am curious if I can
file a claim for unemployment benefits and in which
state would I file. I recently called the Massachusetts
for claims and they said I should contact New York as
its my place of residence. I assume it would be in
Massachusetts as its where my prior employer
conducts business.I feel I could truly argue that
I was indeed an employee even with my independent
status. I solely worked for the same company and
privided the exact services although from a different
goegraphic location. What would be the benefits and
non-benefits of trying to argue this matter?
2 Answers from Attorneys
Re: Independent/Employee Status?
Just because an employer calls you an independent contractor does not automatically make you an independent contractor. There are a number of questions that need to be answered in determining whether you are truly an independent contractor or an employee, e.g. does the employer control the manner and means by which you work, where do you work, who provides the equipment, how are you paid (did the employer withold taxes). With respect to the unemployment insurance benefits, which state were you paying taxes to?
Re: Independent/Employee Status?
Your issue is not an easy one. You can contact the unemployment office in NY (also MA)and ask the questions to determine if you would be considered an independent contractor. You apply in NY, but MA may pay if you qualify - you probably paid taxes in both states (or should have). Do you know if you were an exempt or non-eept employee when you were considered an employee? Once you have answers from the unemployment office, consult a lawyer to determine if there is any way around the advice, if it is negative advice.
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