That is the case if they filed correctly. There are rules for when an employer has to give you a w2 and not a 1099. check out www.irs.gov.
Here is a quote from the irs: "The general rule is that an individual is an independent contractor if you, the employer, have the right to control or direct only the result of the work and not the means and methods of accomplishing the result." (page 59, p1066) Looks like you may have a case. Here is the tax code that defines what an employee is (Publication 15-A Employers Supplemental Tax Guide): http://www.irs.gov/publications/p15a/ar02.html#d0e338 Here is a very useful publication as well (page 59): http://www.irs.gov/pub/irs-pdf/p1066.pdf Here are the instructions for 1099 and w2. http://www.irs.gov/pub/irs-pdf/i1099gi.pdf http://www.irs.gov/pub/irs-pdf/iw2w3.pdf -----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Farid Shahlavi Sent: Tuesday, December 13, 2005 12:21 PM To: Flashcoders mailing list Subject: Re: [Flashcoders] Independent contractors and unemployment- It basically boils down to whether you were a 1099 or a W2 employee, if they gave you a W2 at the end of the year and you worked full-time hours, then you are entitled to unemployment benefits unless you were fired for whatever reason that they can dispute your filing. If you received a 1099, then you are considered a self employed consultant even if you worked full-time and exclusively for that one company. All this is of course assuming that you were working here in the US. HTH Farid --- Manuel Saint-Victor <[EMAIL PROTECTED]> wrote: > This is OT and I apologize in advnce but I think > this is the population that > would have had the most experience about this type > of situation. > > I had been working as a Flash developer for an > elearning company for about a > year and a half and after they stopped doing > business and I went to the > unemployment office I was informed that there is no > record of me having > worked there. When I called the company to follow > up I was informed that I > was considered an independent contractor and > therefore not entitled to any > unemployment benefits etc. > >From the research that I have done it seems to me > that by controlling the > hours that I was supposed to work, when and where I > did the work and > micromanaging every aspect of how the project was > done that they eliminated > they eliminated their stake at me being an > independent contractor. > > If anyone has had any experience or knowledge about > this type of situation > and where I stand and how I should go about handling > this situation I would > greatly appreciate any advice about this. > > Thanks, > Mani > _______________________________________________ > Flashcoders mailing list > [email protected] > http://chattyfig.figleaf.com/mailman/listinfo/flashcoders > _______________________________________________ Flashcoders mailing list [email protected] http://chattyfig.figleaf.com/mailman/listinfo/flashcoders _______________________________________________ Flashcoders mailing list [email protected] http://chattyfig.figleaf.com/mailman/listinfo/flashcoders
