Can I file for unemployment if I was told that Iwas a contracted worker?

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Can I file for unemployment if I was told that Iwas a contracted worker?

My last last of work was 08/05. I was sent an email that I was no longer needed.

Asked on August 23, 2010 under Employment Labor Law, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Do you mean that you were paid as an independent contractor with a 1099?  That does not necessarily mean that you are not considered an employee for unemployment purposes.  How an employer treats you is what matters.  Even if you signed an independent contractor agreement it could still in some states not stop you from filing and receiving unemployment benefits.  You need to speak with an employment attorney in your area as to the specifics of your case.  The facts of your case specifically will determine the outcome.  It may be a fight if they contest but it may be worth it.  File the claim for benefits in the meantime.  Good luck.


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