CanI getunemployment if company reclassified me as contractor rather than full-time?

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CanI getunemployment if company reclassified me as contractor rather than full-time?

My company is replacing higher paid employees with newer ones by making conditions intolerable. When a fellow employee refused a downgraded position and wage they reclassified him as contractor (no check, benefits).

Asked on December 29, 2011 under Employment Labor Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are an employee of a company and your employer has sunsequently deemed you an independent contractor, for all intents and purposes you have been terminated. Whether or not you are entitled to unemployment benefits would be up to the Unemployment Department in the county where you reside. Most likely until you get a position as an employee, you would be entitled to unemployment benefits.

Given the circumstances that you are writing about, even though one may be reclassified as an independent contractor, if the employer still controls what the independent contractor does, then for all intents and purposes, that person is still an employee.


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