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Ca-laid off then called back paid 1099-laid off again & now denied

by Steve

Worked for a construction company for 20 plus years-laid off 1/08 due to lack of work. Hired back 5/08-7/09, wages 1099. Denied UI because did not meet base dates & said I was self employed. I worked 4 days/week for the company & no one else. Should I appeal??

Hi Steve,

It depends. Obviously, the company you worked for was not paying UI taxes on the money you were receiving.

All states use a "test" to determine whether you were an employee or not.

Just because a person is paid money for which they are responsible for paying taxes .. does not mean they were not an "employee".

You first need to determine for yourself if you believe you were an employee.

So here's what California says about this:

Common Law Employment Relationship

Occasionally the employment status of a claimant may be questionable. Determining whether an individual is an independent contractor or an employee may occur in occupations such as, real estate salesperson, home health care professional, computer consultant, artist, and newspaper distributor.

Title 22, Section 4304-1 provides in part:

"Whether an individual is an employee for the purposes of . . . the code will be determined by the usual common law rules applicable in determining an employer-employee relationship. Under those rules, to determine whether one performs services for another as an employee, the most important factor is the right of the principal to control the manner and means of accomplishing a desired result. If the principal has the right to control the manner and means of accomplishing the desired result, whether or not that right is exercised, an employer-employee relationship exists. Strong evidence of that right to control is the principal's right to discharge at will, without cause."

As discussed in FOM Determinations, employer-employee relationship (i.e., employment status) cases must be resolved by the Employment Tax District Office, otherwise the Department may be prevented from assessing taxes on the disputed wages.

And you can find the test .. or the things that are considered to determine whether you were an employee or self employed here. Click on "Coverage"

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