Can An Independent Contractor Get Unemployment Benefits
Just because an employer has an employee classsified as an independent contractor does not make it so. Whether someone is a true indpendent contractor versus an employee is a fact-intensive analysis, and talking to an employment lawyer can help you understand whether your employer misclassified you. It is not uncommon for employers to misclassify workers as indpendent contractors for multiple reasons, including avoidingunemployment benefit claims. Employers who consistently wrongfully classify employees may even be audited by the TWC. If you believe you have been wrongly classified as an independent contractor, contact me.
Get Your Fee Agreement In Writing
In general, attorneys are required to commit fee arrangements with clients to writing. However, if your attorney does not give you a written fee agreement with all of the terms you have agreed to, ask for the lawyer to put it in writing. Make sure the agreement accurately reflects the fee agreement you reached, and ask for a copy for your records.
Contact A West Des Moines Unemployment Benefits Attorney Today
If you need assistance obtaining unemployment benefits in West Des Moines or a nearby community in Iowa, do not underestimate the importance of legal counsel. A lawyer will be able to help you get all of the benefits you are entitled to.
Higgins Law Firm, PLLC takes pride in helping the people we consider to be our neighbors and friends. We will answer all of your legal questions when you call or contact us online to receive a free consultation.
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Dont Take It From Us Hear Our Clients
What can I say. These guys did an incredible job getting my unemployment insurance. The odds were against me in getting my insurance approved since it was appealed but that is why I contacted this firm. They had a plan in place, we had the hearing and it went very well. In closing I ended up the winner. Totally worth it. Cheers and thanks again.
Tristan C.
I know this may be a late review but anywho better late than never. All I have to say about this law firm is absolutely outstanding!!! There is really no words to describe how awesome these people are. They helped me out every step of they way!!! All the reviews I read before I worked with them were 100% and more on point. They helped me out of a debt by the edd that was not even a legitimate debt that I owed. Lets just say it was close to $20,000.00 debt that the edd stated I owed for what they say I was overpaid. With their outstanding and awesome work, I now dont owe anything and that dark cloud has gone away. If you need any help regarding any edd or employment legal issues go straight to this law firm and no one else!!! I promise you, you will not and I mean not regret it!!! If I could give them more than 5 stars I would probably give them unlimited stars just for the good work they do!!! Thank you guys so much for making my life worry free and a lot lighter!!! You guys are awesome!!!°
Jonathan Lodato
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What Is An Offer Of Suitable Employment
To keep collecting unemployment benefits, you need to demonstrate that youre unable to work. That means you usually cant keep collecting if you refuse a suitable job that offered you pay. That doesnt mean you have to take just any job, however. A suitable job usually means its safe for you to do that work and is reasonably accessible to you. You may have the option to turn down jobs that pay far less than you used to make, if theyre outside your career field and below your level of experience, if you can reasonably expect to find work in your field again. Check with your local unemployment office to confirm if you can turn down a particular job and still continue your benefits.
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What Is Unfair Treatment At Work
Unfair treatment is not the same as unlawful treatment. There aren’t laws against unfair treatment, which can include a boss who generally bullies people into action or someone who doesn’t make fair decisions about time off because of nepotism or mood. Such issues may not constitute a claim for a court argument or allegation, unlike unjust judgments made on the grounds of race or age. An employment attorney can clarify if unfair treatment is also unlawful.
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What Are Some Common Types Of Unemployment Disputes
There are a number of reasons as to why an unemployment dispute might occur. Most of these reasons, if not all, are based on alleged violations of federal or state employment and labor laws. Some common types of legal issues that can cause an unemployment law dispute to arise may include the following:
- When a worker is terminated without just cause, but insists their employer terminated them for no real reason or for an illegal one
- If a worker is approved to collect unemployment benefits, but never receives them
- When a worker believes they are entitled to full unemployment benefits, but is only approved to collect partial unemployment benefits
- If a worker is permitted to collect unemployment benefits, but their employer alleges that they left the company without good cause
- When a worker claims they upheld their duties to collect unemployment benefits, but the state program says they did not and thus cut short their benefits or
- If a worker believes they satisfy the requirements of their states unemployment program, but the state denies their claim.
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What Constitutes Wrongful Termination
Sometimes employees are let go for reasons that are unfair or illegal. This is termed wrongful termination, wrongful discharge, or wrongful dismissal.
There are many scenarios that may be grounds for a wrongful termination lawsuit, including:
If you believe you may have been fired without proper cause, our labor and employment attorneys may be able to help you recover back pay, unpaid wages, and other forms of compensation.
Basics Of Unemployment Insurance
Unemployment insurance is a program administered by the Connecticut Department of Labor. Employers pay taxes that go into the fund. The benefits are intended for workers who, through no fault of their own, lose their jobs to help them make ends meet while looking for new work.
To be eligible for benefits, a worker must:
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Be fully unemployed or partially unemployed
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Be unemployed due to a reason that is no fault of his or her own
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Be physically and mentally capable and available to work full-time
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Register with an American Jobs Center
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Actively seek work
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Participate in certain reemployment services, if identified by the DOLs system as needing them
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File weekly claims.
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How Does The Process Work
Initially, an employee makes a claim for unemployment benefits through the Texas Workforce Comission. The comission will do a minor investigation into the claims and make an initial decisionon whether the employee is eligible for unemployment benefits. If the TWC determines the employee is eligible for benefits, the employer may apeal the decision. If the TWC determines the employee not is eligible for benefits, the employee may apeal the decision. The time to request an appeal is extremely short.The appeal takes place over the telephone, and a TWC hearing officer will make a determination on the employee’s eligibiltiy to receive unemployment benefits. Whichever party loses this appeal is entitled tosubmit a written appeal to the appeals tribunal. The appeals tribunal will either overturn or uphold the decision of the hearing officer sometimes the tribunal may send the issue back to be re-heard. The party who losesthis appeal may appeal the decision to district court to be heard before a state judge.
Will I Continue To Receive Unemployment Insurance Benefits If I Refuse A Job Offer
A job offer will only be considered suitable if it represents a certain percentage of a persons average weekly wages, which is the high base period quarter divided by 13. Job offers are considered suitable if they are at or above 100 percent of average weekly wages when offered within the first five weeks of a claim, 75 percent when offered during the sixth through 12th weeks of a claim, 70 percent when offered during the 13th through 18th weeks of a claim, and 65 percent when offered after the 18th week of a claim.
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Representation At My Unemployment Appeal Hearing
Every year thousands of people in Massachusetts find themselves in a situation where they have lost their employment. Like most other states, Massachusetts provides the ability to apply for unemployment benefits to assist persons who have lost their job. Eligibility for unemployment benefits can depend on a number of factors.
Many individuals are under the impression that it is the employer who makes the determination whether or not a former employee will receive unemployment benefits. This, however, is not the case. Often times employers will inform their employees they will not contest their unemployment request but it is important to realize that the Division of Unemployment Assistance has the sole discretion to decide if an individual is qualified to receive unemployment benefits. That decision is made by the DUA based largely off the information the claimant provides on their application and any information provided by the employer. The applicant will usually receive notice on whether their claim was approved or denied within a few weeks.
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What Are The Most Common Forms Of Workplace Discrimination
It is illegal to discriminate against a job applicant or employee on the basis of race, color, religion, sex, national origin, disability, or age. However, some employers do just that, leading to a hostile and inequitable workplace where some workers are treated more favorably than others.
Workplace discrimination can take many forms. Some examples include:
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What Are Some Examples Of Workplace Harassment
When workers are subjected to slurs, assaults, threats, ridicule, offensive jokes, unwelcome sexual advances, or verbal or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, workplace harassment creates a hostile and abusive work environment.
Examples of workplace harassment include:
Workplace harassment can also take the form of quid pro quo harassment. This means that the harassment results in an intangible change in an employees employment status. For example, an employee may be forced to tolerate sexual harassment from a manager as a condition of their continued employment.
How An Employment Lawyer Can Help You
A lawyer is going to know what is required in your initial application to give yourself the best chance of obtaining unemployment benefits. The attorney can make sure that all of the necessary evidence is submitted for consideration and that any issues of concern are addressed.
In the event that your claim is denied, then a lawyer will also be able to assist with any appeal. Higgins Law Firm, PLLC can assist you with appeals before administrative law judges , the Employment Appeal Board , or the Iowa District Court.
When an employer is trying to fight your unemployment benefits award, an attorney will be able to challenge their claims and prove that you are still entitled to benefits. The lawyer will be able to make sure that you understand all the questions that you are asked and prevent you from making any statements that possibly damage your claim.
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If You’ve Lost Your Job Money Is Probably Tight
If you’ve recently lost your job, you may be tightening your belt and counting your pennies, trying to figure out how to make ends meet until you find new work.
In this situation, you probably aren’t interested in paying any of your dwindling cash to a lawyer — and often, this will be a smart decision.
The unemployment benefit application process is relatively simple, and you can handle it online in most states.
As long as you meet your state’s eligibility requirements, you should start receiving benefits within a few weeks after you file, all without any help from a lawyer.
In some cases, however, it might make sense to hire a lawyer, even if money is tight.
What Should I Say On My Unemployment Appeal
When you prepare your unemployment claims appeal for the Indiana Department of Workforce Development , make sure you:
- Clarify the terms of your termination and why you believe you are still eligible for unemployment
- Outline your previous earnings accompanied by federal and state tax records to validate how much you believe you are expected to receive from unemployment
- Specify what you expect to happen with your appeal
Also, provide an update on the required certification questions:
- Have you been sick or injured, or is there any other reason you cannot work?
- Have you been looking for a job?
- Did you earn any money?
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Pa Uc Benefits Process
The process begins by filing a claim for unemployment compensation with the Pennsylvania Department of Labor. You will then be issued a Notice of Determination which will state whether you are eligible or ineligible for UC benefits.
If your benefits are denied, you may appeal the determination and you will receive a UC Referee Hearing who will determine your eligibility for UC benefits. If you are eligible for benefits, the employer can also challenge your benefits by requesting a referee hearing to challenge your benefits. This will occur if the employer is arguing that you were terminated for willful misconduct, you quit, or they have another basis to challenge your benefits.
If you are seeking to appeal a denial of benefits, you must appeal the determination within 15 days from the date that the decision was mailed. A hearing date will then be set with a UC referee who will hear the evidence and testimony of any witnesses and issue a determination on your eligibility.
If your claim remains denied after the Board of Review reviews the decision, you have one final appeal to the Commonwealth Court. This appeal will consist of the filing of a brief. Appeals to the Commonwealth Court must be made within 30 days from the Board of Reviews decision.
What Will Disqualify You From Unemployment Benefits
Not everyone who is out of work qualifies for unemployment. If youre fired for cause, quit , or refuse suitable work, you may be denied unemployment benefits. Lying on any part of your benefit applications can also disqualify you, and maybe even come with criminal penalties or require you to pay back the money youve already received. How long you worked at your previous job and the pay you made could also affect your eligibility.
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Appealing A Wisconsin Unemployment Benefits Decision
If the State initially determines the worker is not entitled to benefits, the worker may appeal to an Administrative Law Judge for a hearing. The burden will then be on the worker to show the judge that they are entitled to benefits. Meanwhile, if the State determines the worker is entitled to benefits, the employer may appeal, resulting in the same type of hearing.
The deadline to appeal an initial determination is just 14 days, so workers should appeal a negative determination as soon as possible. You do not need an attorney to file an appeal, and you can still contact our attorneys for representation after filing an appeal on your own if the deadline is approaching.
Workers should also be aware that the State has been aggressive in reopening initial determinations in recent years. Employers are now permitted to submit extra information to the State up to two years after the initial determination, which can result in the State claiming that workers owe back some or all of their Unemployment benefits. In those instances, a worker may again appeal, and once again go to a hearing before an Administrative Law Judge.
Regardless of which situation a worker finds themselves in, our attorneys are available to discuss your case, provide help, and represent you at a hearing if necessary.
Which Industries Have The Most Overtime & Minimum Wage Violations
The Fair Labor Standards Act established certain workers rights, including the right to a minimum wage and overtime pay for all hours worked over 40 in a workweek for non-exempt employees.
However, some employers try to cut costs by denying workers their rightful pay through deceitful methods. This is called wage theft, and includes examples such as:
Some of the most vulnerable occupations to overtime and minimum wage violations include:
- Oil and gas field workers
- Personal bankers, mortgage brokers, and AMLs
- Retail employees
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