Legal Question in Employment Law in Massachusetts

independent contractor claiming unemployment benefits

I reside in MA and have been taking contract positions

while seeking full-time employment. I just found out I

have to go to a hearing at DET because one of the

companies, where I was a contractor, does not want to

pay for my unemployment benefits. The contractor

agreement I signed with them also states ''that the

(Company) will not pay or report for Contractor any

federal and state income tax withholding, social

security taxes, or unemployment insurance''. I am

wondering if because I signed this contract, am I not

able to collect unemployment benefits from them?

They did not take taxes out of my paychecks, however, I

worked in-house, used their equipment, and worked

closely with the person who hired me.

Also, I got the notice of the hearing 2 days ago but I had

already received unemployment checks back in May.

Would I have to pay this money back?

And this might be pushing it but, my copy of the

contractor agreement has my siganture BUT does not

have a Company employee signature. Does this still

make it a binding contract? It could be that the

Company's copy of the agreement has an official

signature but the copy they gave me, does not.

Thanks for your help.


Asked on 7/13/03, 2:02 am

1 Answer from Attorneys
Nance Lyons Law Office of Nance Lyons

Re: independent contractor claiming unemployment benefits

Generally, independent contractors coverage depends on the control of the employer over the work of the employee. This will be determined by the DET hearing officer. Your contract is enforceable against you because you signed it. However, DET again will determine if it applies to elibibility. Also, if you worked a sufficient number of months in the past year as a full time employee, you can be covered under their policy. Go to the hearing prepared with specifics of the "control" your employer had over your work while an independent contractor; also bring you past employment history. If you are not granted benefits, question of pay back is within discretion of DET. If you lose you can appeal.

Read more
Answered on 7/15/03, 10:26 am


Related Questions & Answers

More Labor and Employment Law questions and answers in Massachusetts