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what is the legal statute in the state of ohio that governs

employees being misclassified as an...
what is the legal statute in the state of ohio that governs employees being misclassified as an independent contractor.
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Answered in 16 minutes by:
5/26/2013
TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 12,478
Experience: JD, MBA
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Hello and thank you for allowing me the opportunity to assist you.

What is the context of the question? In other words, are you talking about being misclassified for tax purposes? Or are you talking about being misclassified for liability purposes? Or something else?
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Customer reply replied 4 years ago

i worked at a company that misclassified me as an independent contractor so therefore i was deprived of the ability to collect unemployment and etccc so i am wondering is there a statute in the orc or in the state of ohio that governs such.

Hi again.

The way to deal with this is to appeal the decision, and then present evidence that you were an employee and not an independent contractor. Your status is determined by factors established in case law, not the ORC. A recent Ohio Supreme Court case on the subject states:

"The chief test in determining whether one is an employee or an independent contractor is the right to control the manner or means of performing the work." Bobik v. Indus. Comm. (1946),XXXXX 187, 32 O.O. 167, 64 N.E.2d 829, paragraph one of the syllabus. If such right is in the employer, the relationship is that of employer and employee; but if the manner or means of performing the work is left to one responsible to the employer for the result alone, an independent contractor relationship is created.

The case is Pusey v. Bator, 762 N.E.2d 968,XXXXX3d 275 (Ohio, 2002).

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated. Thank you for using our service!

If you would like to direct additional legal questions to me in the future, then please type "To VAMD" in the subject line of your question.
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Customer reply replied 4 years ago

ok thank you for the case, but one last point for clarity, i did file for unemployment and will be eventually denied, however i am not waiting for that, i do intend to file a civil lawsuit in the court of common pleas. that is why i was seeking a statute.

Hi again.

A civil lawsuit against whom? The state? If so, you need to wait until you are denied and have exhausted all administrative appeals. The court won't entertain a lawsuit before you've even been denied.
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Customer reply replied 4 years ago

no a private business.

Hi again.

You're going to sue the employer for miscategorizing you as an independent contractor? That will be an interesting lawsuit. Once again, however, you need to wait until you are denied the benefits. You may also need to deal with the issue of consent. That is, if you continued working under the condition that you be treated as an independent contractor, then the employer can claim that you consented to what goes with it, such as the payment of higher taxes, etc. In any event, I would wait until you are denied the benefits, otherwise you may not have damages.
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