Legal Question in Employment Law in Massachusetts

I am a contract worker, without a contract. I was told the contract would be three months as a trial period and then I would be hired full time. I have asked for a written contract and was told it was just a formality but I would get one. I am now going into my sixth month of contract employment with the same company, still without a contract, and they've just announced a possible merger with another company. It sounds to me like this was the plan all along, and I was lied to and there was no intention of giving me a written contract, but just to keep me here as long as they needed me without having to pay unemployment benefits when they released me. Is there anything I can do legally if I am released from employment?


Asked on 8/27/12, 5:42 am

1 Answer from Attorneys
John Skinner, III Associated Attorneys of New England

Yes. You should file for unemployment benefits when and if you are fired. The Unemployment Insurance Department will not be very pleased to hear about the unlawful evasion of UI taxes by misclassification of employee-s as 1099's. The IRS has this on their watch list as well.

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

Good Luck.

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Answered on 8/27/12, 6:34 am


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