Misclassified worker in Pa
There is alot of information that i wish to convey so one can get a better understanding of my particular case, however it is limited on a forum. Let me start by saying that i am a Satellite installer that was hired as an independent contractor. I was unhappy with my employer as the relationship was and did get more controlling over time. At no time was i allowed to exercise my rights as a IC. I complained to Labor and Industries and they in fact found that i was a employee. Does this constitute a valid reason to quit employment? I was notified of this decision in March or thereabouts, in April i quit.
It would take a page or two to explain all that is involved, so i will limit it to just this question. I feel that in missclassifying my status, Is a compelling reason to quit because i am not allowed to exercise any rights as a IC. I was not allowed to make my own schedule as what a IC can do, I was not allowed to set my own price, and was limited in the price i had control of setting i.e; pole mounts, non standard work. i was not allowed to refuse work, or rather, i could but i wouldn't expect to get work for a week,or the work that i would get would be 2 hours away. I feel that employer has violated the most basic rights to an employee which resulted in not only lost wages(overtime, which there was tons of it in this business) social security ect ect.. I think that this could be used as good cause to terminate employment, especially since i quit within 30 days of finding this out. I have found no case law that would suggest anyone has used this in conjunction with other issues. I think case precedent needs to be established. I am not the only one in this position there are millions of workers that have been misclassified and denied benefits.
I will get into other areas of this as time permits,hopefully. I am in the process of filing an appeal of the referee.
The determination of the Unemployment Compensation Referee is not supported by substantial evidence.
The determination of the Unemployment Compensation Board of Review is
based on errors of law
Could i just put this on the appeal and call it a day, or is there more information on each issue i object to.
Quite frankly, you have not been clear enough to even begin to answer you.
You tell me if I am assuming anything correctly.
After filing a complaint it was determined that you in fact were an employee and not an IC .. this I get and you are not the first nor will you be the last to find out an employer is fudging to get out of paying cost associated with "employees".
It sounds like within 30 days of this being determined by the state you quit your employment because it was found you were in fact an employee and you had issues with not being paid overtime for all the time that went before.
And it was subsequently found that you quit without good cause attributable to the work.
And now you want to appeal to the board of review and you want to know what you should base your appeal on.
You are correct. The error needs to be the referees. Case law or "precedent decisions" .. yes, wouldn't it be nice for the average citizen to have access to that so they can avoid hiring an attorney .. which is what I suggest you do.
But if you're willing to search .. then you can either do so by by using this nearly worthless tool
Or you can go to a law library and find some Annotated statutes and case law.
Or you could go to loislaw and pay for one of the short pass options to research case law.
You realize it's easy to file an appeal to the board of review too, but it is by no means easy to get the decision reversed or the hearing remanded back down to be heard de novo. If you couldn't win the lower level hearing .. which only examines the facts of your situation .. how do you win the board appeal which examines the lower level hearing for correctness of interpretation of case law and proper administrative procedures?
That usually requires a legal brief .. and the ability to assert a compelling argument based on case law and or procedures.