I believe I was misclassified as an independent contractor instead of an employee.

UPDATED: Oct 1, 2022

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I believe I was misclassified as an independent contractor instead of an employee.

I believe I was misclassified as an independent contractor instead of an
employee. I have worked for the same company for almost 2 years. Same schedule
that was given to me M-F, 8am to 5pm. The company was an outsourcing company for
IT support and I was layed off when the outsourcing company lost their company
contract for IT support. I am unable to receive unemployment benefits because
they say I was set as an independent contractor. I had a work ID, a set schedule
to work, breaks, and lunches. I was even trained to do the position by the
company given a workstation and my own employee badge. 2 breaks and a lunch
everyday. Am I misclassifed?

Asked on November 15, 2017 under Employment Labor Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Based on what you describe, it is likely you were misclassfied: the factors you describe are those that typically make a worker an employee, not independent contractor. You can and should appeal the denial, but before doing that, strongly consider consulting with and retaining an employment lawyer to help you--you may wish to bring other claims against the employer, too.
For example, if you should have been an employee and employees of this company received benefits, you should have received them, too--and may be entitled to monetary compensation equivalent to their value. If you were an employee, the employer should have paid the employer portion of social security, etc. taxes for you--if they did not, you may have a claim for those. If you worked more than 40 hours per week, it is possible that you should have received overtime. Etc. So if you did not get things that an employee would have received, you may wish to file a claim with the department of labor and/or sue for them; you'd want an employment attorney to help you, and if you are going to hire an employment lawyer, let him/her help you with the unemployment appeal, too
If you decide to not hire a lawyer, you can get information about appealing a denial from the unemployment agency. Bring to their attention the factors you list in your question.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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