Friday, June 6, 2014

Rule 402(b) - Self-Employment and Independent Contractor Unemployment Law in Pittsburgh

Have an Unemployment Hearing Near Mt. Lebanon, Carnegie, Etna, Dormont, Mt. Oliver, Millvale, North Hills, Penn Hills, Butler, Indiana or Clearfield?


Need a Pittsburgh-Area
Unemployment Lawyer?
I have, for better or worse, become somewhat of an expert in Pennsylvania Unemployment Law.  I accomplished this by handling hundreds of Referee Hearings, and spending (too many) hours compulsively Blogging on the topic.  I guess, at some point a few years ago, I became aware of just how important these benefits are, and about how little "inside" information was available to the public.

The collision of my obsessive Blogging and the seeming omnipotence of the Internet has resulted in my receiving calls from all over Pennsylvania seeking representation. Alas, I do not handle cases west of the
Susquehanna.  However, I tapped into as many resources as I could, and found my alter ego - a firm that, like me, specializes in handling Unemployment Hearing.  Better yet, this firm routinely handles cases in Pittsburgh, Erie, Harrisburg, etc.

If you have a Referee Hearing or Unemployment issue, and need a referral in your area, just fill out my Contact form, and I will put you in touch with a caring, highly-skilled Unemployment lawyer near you.

Have a Self-Employment or Independent Contractor Unemployment Hearing Before a Referee in Allegheny County, Butler County, Indiana County, Erie County, Beaver County, Centre Count, Venango County or Washington County?

Are You Truly an
Independent Contractor?
If you took a job while on Unemployment, and the job paid you 1099 wages (i.e. treated you as an Independent Contractor) as opposed to W-2 wages (i.e. taxes taken out of your paycheck), you may have a problem.

One who takes a part-time job paying W-2 wages while on Unemployment is entitled to continue receiving benefits.  However, if you take a part-time job paying you 1099 income, the Unemployment folks may characterize you as self-employed, and will disqualify you from receiving benefits.

However, you can certainly win a Referee's Hearing where the issue is whether you are self-employed.  In fact, I commonly win such Hearings.

Independent Contractor Unemployment Hearing Lawyer in Pittsburgh and Harrisburg

There are 2 ways to win a Rule 402(b) Self-Employment Hearing:

1) Prove that the company controlled your day to day activities and that you were not "free from direction and control."

or

2) Prove that you are not self-employed, i.e. not customarily engaged in a profession, trade or business.

Rule 402(b) cases are, believe it or not, relatively easy to win for an attorney.  However, they are driven entirely by a legal test that is very difficult for the average person to truly understand and satisfy in a legal proceeding (intense evidentiary issues).  That is why, in my opinion, having an attorney represent you at a Rule 402(B) Hearing is critical.

I Own My Firm and
Work for Many Different Clients,
So I am Truly Self-Employed
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.

Pennsylvania Employment Attorney Provides Free Telephone Consultations

If you are looking for an employment lawyer, and live in Malvern, Wayne, King of Prussia, Downingtown, Glenside, Doylestown, Radnor, Newtown Square, Exton, Philadelphia, West Chester, Skippack, Langhorne, Haverford, Nether Providence, Broomall, Drexel Hill, Reading or any of their surrounding towns, feel free to send me an e-mail or give me a call.  I am always glad to spend some time with people via a free telephone consultation.

Need an Employment Labor Lawyer Near Philadelphia?

Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues

Click Here to e-mail John directly.

Thanks for checking in with us.


1 comment:

Claudia Rosenburg said...

My friend has worked at a business for many years and is very qualified for a promotion, however every time she applies someone who is less experienced gets the position. Generally it's a man. Should she contact an employment attorney to get this figured out?
Claudia Rosenburg | http://www.goldbergkatzman.com/employment-law/