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What happens if I lose my appeal heaing, and the employer is…

Customer Question
What happens if I lose...
What happens if I lose my appeal heaing, and the employer is proved correctly that I'm an independent contractor even though the NYS Dept. of Labor approved me approximately 13 months ago. The employer tried to contest, but the NYS Dept.of Labor stated that an employer employee relationship existed and demanded payment not only for me but other employees who they deemed as independent contractors that worked in the security department. I would like to know if my unemployment ceases and will they then ask payment from me even though it was their decision to pay me with the information I told them and provided them.
Submitted: 8 years ago.Category: Employment Law
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Answered in 7 hours by:
6/14/2010
Employment Lawyer: Infolawyer, Lawyer replied 8 years ago
Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 63,665
Experience: Licensed attorney helping employers and employees.
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Hello and thank you for your question. if deemed a contractor, unemployment would cease and you would be asked to return the unemployment benefits paid to date.
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Customer reply replied 8 years ago
The Dept. of Labor told me partrially the contrary. They stated that if I were to lose, that the money I got would be deemed an unrecoverable overcharge on their behalf. Unemployment would then cease and I still would have the right to an appeal at a secondary level and their would also be a third level of appeal. They further stated that it would be an overcharge If I made a willful misrepresenting statement of which I didn't. Is this true and how could it happen?
Employment Lawyer: Infolawyer, Lawyer replied 8 years ago
They may indeed not pursue the prior payments. That is their right and indeed good for you. They do often draw a distinction between reclassificaion and intentional misrepresentation, and of course you can appeal if you believe you were an employee, which is primarily decided on level of control employer exerted over you.
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