Quote:
Originally Posted by teddybeary
I just started my Second Benefit Year in CT and they started a New Claim for me because I earned $2500 from my previous FT employer during the first benefit year (BYE 12/28/2010). Now, my previous employer is disputing the unemployment office's determination that I was a part-time employee and says that I was an independent contractor. (I'm being pressured by both sides and it's got me very confused because it seems to me that the work I did could be interpreted either way!) I would like to know if I will get benefits either way? (I don't think CT unemployment was being straight with me when they told me that I won't get ANY benefits if I didn't not earn WAGES in 2010. But that is what the CT unemployment guidebook says also!)
If anyone can shed any light on this, I'd be so grateful. Thank you!
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If your previous employer paid you on a 1099 basis, you should be considered an independent contractor -- not a part-time employee. When you are paid on a 1099 basis, the employer does not make any contribution to unemployment for you so you accrue no new credits towards UI benefits. In this case, you would continue collecting on your prior UI claim.
If you were paid on on a W-2 basis, you would be considered a part-time employee -- and your additional earnings would be credited to your account and used to calculate your eligibility for a new claim.
However, I think your situation may be complicated by the fact that you were an employee of this company previously -- and CT UI may have taken the position that you should have been paid via W-2.
The only thing you can do is wait for CT UI and your former employer to come to a final determination. Then, if you disagree, you can appeal the ruling.
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