Just wanted to thank everyone for the feedback so far.  I've been talking to
a lawyer a bit this afternoon to see where things will head as well.

M


On 12/13/05, Miles Thompson <[EMAIL PROTECTED]> wrote:
>
>
> Mani,
>
> That ruling depends on where you are working and what govt. dept you are
> dealing with.
>
> Given your situation, the Workers Compensation Board in Nova Scotia would
> probably rule that although you were technically and independent, you were
> not in fact, and if injured on the job you could get WCB benefits.
>
> The Nova Scotia Department of Labour would probably consider you an
> independent, but they're wishy-washy.
>
> The Canada Revenue Agency (Federal govt.) would consider you to be a de
> facto employee, ESPECIALLY if you tried to claim various expense
> deductions
> available to the self-employed.
>
> Whether Employment Canada (also Federal) would see it that way is moot.
>
> And as you likely live in the US, you have what, 50 states and the
> District
> of Columbia, plus your Federal Govt. If you have the money, spend $150 or
> so with a labour lawyer in your state and you will get your answer really
> quickly.
>
> HTH - Miles
>
> At 02:57 PM 12/13/2005, Manuel Saint-Victor 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
>
>
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