In Pennsylvania, only employees are entitled to receive Pennsylvania Unemployment Benefits.
That means if you worked for a company as an independent contractor and were let go through no fault of your own, you will be ineligible for unemployment compensation.
How Do I Know if I am an Independent Contractor Instead of an Employee?
The easiest way to know, for sure, is by looking at your paycheck. If there are no deductions for taxes, social security, etc., that means you are being treated as an independent contractor.
|If the Company is not Taking Out Deductions, That Means |
You Are Being Treated as an Independent Contractor
Can I Be Eligible for Pennsylvania Unemployment Benefits Even if I was Treated as an Independent Contractor?
Yes, you can. Companies frequently "misclassify" w-2 employees as independent contractors for a wide variety of reasons, all of which are quite beneficial to employers.
However, if you appeal the Notice of Financial determination, you will be scheduled for a hearing before an Unemployment Referee. If you can prove at the hearing either that you were a "true employee," or that you were not "self-employed," you will be deemed eligible for benefits.
Philadelphia Area Employment Attorney Representing Employees
|Helping Misclassified Workers Since 1991|
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.