If I have a misclassification situation as the employee will I be subject to penalties and fines etc...?

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I have worked for a company for 4 years I may have been misclassified as a 1099 employee(independent contractor) I was terminated with no warning and someone mentioned to me all of the recent ads about misclassification in Vermont, I may be eligible to still apply for unemployment?

Attorney Answer

1
Lars A. LundeenPersonal Injury LawyerRutland, VT ·
Your employer, not you, classified you. Why do you think you would be subject to penalties and fines? If you were misclassified, you should be able to collect unemployment insurance. I suggest you make the application for unemployment insurance now while at the same time contacting the Vermont Department of Labor, Wage and Hour Division to discuss the misclassification issue. The reason to make your application now is that if you are entitled to benefits, they will probably go retroactive to your date of application, so delaying making the unemployment insurance application will not help you. Contact the Labor Department at 802-828-2286
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