Yes, you can. You start by applying for benefits, and then appeal from a Notice of Financial Determination that denies you benefits. You will ten have a Referee Hearing scheduled. At that Referee Hearing, the putative employer has the burden of proving that you were, in fact, an independent contractor as defined under the law.
* The Questionnaire is designed to cover 3-5 different scenarios, only one or two of which may be applicable to you – that is why some of the questions appear not to make sense;
Do I Have to Answer an Employee Questionnaire I Receive From Pennsylvania's department of Labor Relating to My Unemployment Claim?
No, you do not.
And, while you will feel compelled to complete the form and send it back in, you must bear in mind that everything you write will be deemed an "admission" by you, and could be used against you in the future even if you gave an incorrect answer (which sometimes happens if you do not understand the question).
Whatever you say in answering the Questionnaire will become part of the record, and will be “used against you” at any subsequent Unemployment Compensation Hearing. So, if you “pick the wrong defense,” or are mistaken in your answers, you could end up losing an otherwise winnable case.
Guessing at Answers a Bad Idea Because Everything You Write is Binding and Can and Will... |
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