I am a independent contractor, that cleans businesses. I was recently fired from one job with no explanation as to why. I have not received my last 2 paychecks. The issue is I transferred the job to my son with a different tax ID number due to me being sick. The bank job fired me, but not him. I have not been receiving a check for about 3 months, because it was all transferred out of my name into his and paperwork with the bank was filled out and filed. They have already hired a new company to clean. My main contact was always the receptionist, who would call me and ask me questions or tell me to thoroughly clean the bathroom when construction was done. I have never had a meeting or talked to the head guy. We have a contract with mainly a detailed list of what we do, it was never signed by the head guy, we always received notice that it was ok from the receptionist. Am I eligible for unemployment insurance? What are my rights!
If you are an independent contractor then you would likely not be entitled to unemployment because you were not an employee of the bank. Absent a contract they probably can do whatever they want in hiring or terminating your services, just like you would do if you hired someone to cut your lawn then didn't like how they did it or found someone else that was better/cheaper/ more reliable etc.
If this information has been helpful, please indicate by providing feedback that the answer was either "helpful" or "best answer" as appropriate. Legal Disclaimer: Mr. Connell is a Colorado attorney licensed in only that state. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question.
As an independent contractor (and I see no facts to imply you really were an employee), you have basically no rights. You had a contract with them, and whatever rights you have under that contract are about it. As in, if you performed services under that contract that you were not paid for, then you could sue them for breach of contract.
This response is only general information and is not legal advice. It does not form an attorney-client relationship and should not be relied upon to take or refrain from taking any action. You should seek a qualified attorney before taking any action related to your inquiry.
This is most likely a breach of contract issue over the unpaid bill for services. Independent contractors generally do not have rights to unemployment, but you may or may not be an independent contractor. Look at this site: http://www.uimn.org/employers/wages-taxes/independent-contractors/
Just because you thought you were an independent contractor does not mean you were.
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