Thursday, March 7, 2013

Pennsylvania Unemployment Law: When to Appeal a Notice of Financial Determination (Independent Contractor Situation)

Pennsylvania Independent Contractor Unemployment Law

If you have been working as an independent contractor, your employer has not been reporting any earnings for you to the Unemployment Compensation Department.  Therefore, when you apply for Unemployment Benefits, you will likely be denied due to insufficient earnings.

Have All of Your Earnings Been Properly Reported?
What to do?

What Do I do if my Employer Failed to Report my Earnings to Pennsylvania Unemployment?

You will after applying for benefits receive a document called a Notice of Financial Determination. It will list your earnings and, if you have been working as an independent contractor, will inform you that you do not have enough earnings to qualify for benefits (of if you had some earnings due to W-2 employment during the relevant time period, it will understate your true earnings and thus you will suffer a reduction in your benefit rate).

You need to appeal that NFD.  Just state "I disagree with the determination."

If You Were Paid as a 1099, No Deductions From Your Pay

You will then have a Hearing scheduled.  At the Hearing, you will have to prove you were actually an employee, even though you were paid a 1099.

If you win that Hearing, your work may not be done.  After recalculating your benefit rate, the Service Center will then make a determination as to whether you are entitled to benefits under the willful misconduct or voluntary quit principles.

NOTE:  If you were treated as an independent contractor, you were deprived of certain benefits during your employment, such as overtime, vacation, etc.  You may be entitled to make a legal claim for such benefits.

We Help Employees With Pennsylvania Unemployment Claims
Philadelphia Area Employment Attorney Representing Employees
John A. Gallagher is an employment lawyer who represents employees in Pennsylvania. 

John typically represents employees who need an employment lawyer in Philadelphia County, Chester County, Delaware County, Bucks County, Berks County, Lancaster County and Montgomery County.

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