Contractor or Employee

After working for a company for 3.5 years, in a job that meets the Common Law test, the Relative Nature of Work test, and the Economic Reality test, in defining me as an employee – even though I had to sign a 1099 form upon hiring – am I eligiblr for unemployment benefits?

Asked on June 3, 2009 under Employment Labor Law, Georgia

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am a lawyer in CT and have dealt with this in the past.  Generally, the state labor departmen should look at the tests you describe, not the fact that you got a 1099 to determine whether you are an empoyee and entitled to the rights associated therewith.  Therefore, i suggest filing the claim.  If the state denies the claim, i suggest hiring a lawyer to deal with this as it could be tricky.  If you cannot afford a lawyer, then i would try talking to legal aid.   you should however, be able to ontain the benefits after an explanation.


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