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MIAMILAW1127, Lawyer
Category: California Employment Law
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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I've done work as an "independent contractor"

Customer Question

I've done work as an "independent contractor" for the last five years tp one company. I received word last week that the one main project that they had for me isn't continuing.As a resident of California, I know that the company simply labeling me as an "independent contractor" does not simply make ne one...that there are seven criteria which determine whether or not I was an employee.As this project ending is essentially a lay off, and I'm facing the loss of $12k, I'm considering applying for unemployment.My two hesitations: a) I am still owed $3900 in receivables, so if I were to apply now, whatever weekly benefit amount I was awarded would be not disbursed until I had received all of my outstanding payb) this company is far from ethical, and my fear is that if I apply, they would not send any future work to me.(Company is in New York)
Submitted: 1 year ago.
Category: California Employment Law
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Could you please clarify your question for me so that I can better assist you? Thank you.

Customer: replied 1 year ago.
I don't know how much clearer I could be...come April, when the work from this project would start again, it will not, because the project has ended. Essentially, because the project has ended, it is a layoff. However, before I go and apply for unemployment, I'm trying to make sure that my doing so will not a)be messed up by my still having outside receivables and b)"incurr" the lack of additional work from this less than ethical client.Your response seemed somewhat robotic/pre-programmed. I do not believe what I am asking is super complex.
Expert:  MIAMILAW1127 replied 1 year ago.


If you apply for unemployment, it will have no effect on outstanding receivables and vice-versa.

However, I cannot tell you if it will or will not have an effect on your continuing to get work from the person you are filing unemployment against. That isn't a legal question for an attorney. You are basically asking me to predict whether or not this person will be upset with you filing unemployment to the point that they will no longer give you additional work. My guess would be that they would be.