How can my brother procure laying-off insurance?

My brother in North Carolina has be working for several months for a man's painting company, but today he laid him off. The man told my brother he could not collect laying-off because he's not an employee, but an independent contractor. To me, he sounds like he be an employee. He worked for a per-hour wage, he had set hours to work, a set lunch-time, and so on. What can my brother do?

Answers:    All he can do is look for another mission. Many small contractors pay employees as contractors, this prevents them from need expensive workers comp insurance and payroll taxes.

If his boss had paid him as an member of staff your bother would probalby not have wnated to work for the lower wages.
Yep, a lot of contractors do that. Your brother requirements to go down to his unemployement office, and directory for unemployement benefits. Can he collect? Usually you need to be working longer than 2-3 months in directive to be eligible. But he can DEFINATELY apply. His prior employment would count, towards the working period.

This employer will probably contest, and he will have to appeal, but I chew over he'd be eligible, if he was working longer. I agree, he's not a subcontractor, according to the IRS definition - he's an employee.
He can folder a complaint with the state department of employment security. Control by employer is one determinant as to whether he's an independent contractor or hand. If you brother was an independent contractor he should've been taking money out of his own paycheck for taxes. How be your brother paid. There really isn't anything your brother can do.


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