Unemployment benefits are designed for employees whose employers pay state and federal unemployment taxes to fund the unemployment system. Ordinarily, when you're an independent contractor, you can't collect unemployment if you're out of work. Neither independent contractors, nor their clients or customers, pay state or federal unemployment taxes. However, you could qualify for unemployment benefits if you've been misclassified as an independent contractor.
Based on the information you provided, it sounds like you might have been misclassified and should have been classified as an employee instead. Each state's unemployment agency has its own rules for determining whether a worker is an employee or an independent contractor. In general, though, true independent contractors are people who are in business for themselves and have control over the way that they perform their work.
Often, contracting jobs are limited in time and scope. If, for example, you were hired to write one manual or script a set of help interviews, you would more likely be an independent contractor. Independent contractors typically work on a project basis and work for multiple clients at a time, or in succession. Employees, on the other hand, are usually hired on an indefinite basis.
Employees are also more likely to work full time, report their hours, participate in staff meetings, and receive supervision and training from the employer. The fact that you were an employee before you were labeled an "independent contractor" by your company will probably also help.
It suggests that your employer reclassified its freelancers to avoid paying taxes, providing benefits, and taking on other costs relating to your work including, not coincidentally, the cost of unemployment claims. This is a common practice, and it's also illegal.
You should apply for unemployment benefits, claiming that you were really an employee. If your claim is denied, you should appeal. To find out how to appeal an unemployment determination, select your state from the list at Collecting Unemployment Benefits. In your appeal, explain that your employer misclassified you as an independent contractor.
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But if you've been in for more than one tour, your life is about to change substantially. Transitioning Now — Retirees Having a successful career in the military is a major accomplishment. The claimant during the life of the contract rendered no substantial service to the employer. In holding this claimant was an employee the Board said:. Harrower did not perform substantial services for the petitioner during the period involved is not controlling. The petitioner at all times had the right to call on Dr.
Harrower for such services as it required to the exclusion of all other concerns. The fact that Dr. Harrower in the instant case could be called upon to perform services whenever required by the petitioner continued the employment relation and established the basis upon which the remuneration for his services was paid.
This case differs from the case cited above. This contract called for the exclusive services of the claimant and did not specify any maximum amount of service to be performed each month the claimant in this case was holding himself in readiness at all times during the life of the contract and thus was employed at all times.
Script writers are one such group that works on a contract basis. Writers are employed on what is known as a "flat deal contract". This type of employment involves the assignment of a writer to do a story for a flat fee. All writers accepting employment under a flat deal contract are employed from the date the assignment is accepted. The employment terminates when the producer no longer has any right under the contract to request any further revision.
During such periods of time, writers are ineligible for unemployment insurance as not unemployed. The Board, in Benefit Decision O, considered the case of free-lance television writers.
Under the terms of the contract between the writers and the television producers, work in connection with the writing of teleplays consisted of three phases namely the writing of a story, the preparation of a first draft teleplay based upon the story, and the preparation of the final draft teleplay.
The Board held that the claimants involved herein were in an employment status because they had not completed their contracts as to all three phases of the writing. Reuse pay is wages and is deductible from UI benefits.
See TPU The Board considered this problem in Benefit Decision He was not required to attend rehearsal. The standard contract, which the claimant signed, provided that seven performances constituted a week's work. No compensation was to be paid for rehearsals. The performances were to be given on Friday, Saturday, and Sunday nights only, and the actor was permitted to cancel the contract without notice should he be obligated in any manner by other employment.
In holding that the claimant was unemployed, the Board said:. They were therefore 'unemployed' and were eligible for reduced benefits under section of the code. Clearly the reason these claimants were held to be unemployed while other claimants under contract were held to be employed was because of the nature of the contract. This contract does not bind the claimant in anyway.
The claimant is free at all times to take other employment and can terminate this contract at will. Professional athletes normally perform under contract.
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