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NYS Insurance Agent - Independent Contractor


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#1 NYSmallBizOwner

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Posted 11 February 2013 - 07:08 AM

Hello and thank you in advance.

I own a NYS insurance agency and had an independent contractor who filed for unemployment benefits. The dept of labor jumped on this and has begun their process of proving I was in the wrong.

The provided a single case from 1998 entitled "Matter of Zaweski [Farm Family Life Insurance Company] as precidence as well as a copy of a hearing appeal that was upheld, I assume to try to scare me from persuing.

Does anyone know how to find cases where the NYS Dept of labor was found to be INCORRECT and their hearing ruling was ovveruled?

I have tried to search this site to no avail. Any help would be appreciated!

Thank you.

#2 adjusterjack

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Posted 11 February 2013 - 07:45 AM

Here's the Zaweski decision in which the court found that Zaweski was an employee based on the details of the relationship.

http://caselaw.findl...rt/1065246.html

That decision cites Culliten which ruled that Culliten was an employee.

http://scholar.googl...l=en&as_sdt=2,3

The Zaweski decision also cites Watz for contrast. Watz was ruled to be an independent contractor.

http://scholar.googl...l=en&as_sdt=2,3

The Culliten and the Watz decisions provide links to other decisions that you can read.

There should be enough in those decisions to help you determine whether your agent was an employee or independent contractor.

I suggest you also read the IRS rules about independend contractors vs employees.

If your agent ends up being ruled an employee for unemployment you might end up with serious federal and state tax problems that you'll want to get in front of.

http://www.irs.gov/B...d)-or-Employee?

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#3 NYSmallBizOwner

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Posted 11 February 2013 - 07:54 AM

Thank you SO MUCH for your time in pointing me in the right direction!

#4 Guest_FindLaw_Amir_*

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Posted 14 February 2013 - 12:26 PM

To learn more about this topic, you may visit the Employment Law Center and read Contractor or Employee as a good resource.




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