Is unemployment available for per diem employees?

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Is unemployment available for per diem employees?

I have been working as a per diem LPN at a hospital for 2 years. At minimum I work 60 hours per pay period. If it were offered to me I would have taken a full-timeposition but I’ve been given the run around. The hospital I work for is phasing out LPN’s and if you do not obtain your RN degree by 2014 you will no longer be eligible to work there. I graduate RN school in 12/11 so this does not really effect me. They just posted a position on my unit for a full-time RN. When this position is filled I will not be offered many hours, I will be lucky if I work 12 hours per week. Can I file for unemployment?

Asked on October 31, 2010 under Employment Labor Law, New York

Answers:

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

Answered 10 years ago | Contributor

When you say "per diem" I am assuming that you are an independent contractor and are being paid a 1099.  If that is the case then you are not necessarily covered by the hospital for unemployment insurance purposes.  Now, if you want to fight this and claim that you were treated as an employee and now your hours have been reduced and you want benefits, well, that is a different story.  State laws vary on whether or not you can collect for a reduction in time but the key here is being considered an employee.  There are certain facotrs that can be proven to show that you were indeed treated as an employee regardless of the way you are called or the way that you are paid.  Seek help from an attorney in your area.  Good luck.


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