Every so often I win a case that makes what I do worthwhile. Today I got an unemployment decision that made me feel like a million bucks.
The employee in the case was laid off, then the employer hired him back on as an "independent contractor" for another couple of months to finish a project. All of the employee's working conditions were exactly the same after the layoff as before, except he got a 1099 and no benefits.
The man filed for unemployment and received it -- but then got cut off when the employer claimed he was an independent contractor, and therefore not eligible for benefits. The unemployment office also told him he would have to pay back the unemployment he had received. He appealed, but did not send his appeal certified or get a proof of mailing.
When he came to our office the employee was panicked that he would have to pay back the money and lose benefits. He is older, and has not been able to find employment. He said he would have to move in with his grown children if he could not get benefits.
At the hearing the employer showed up and, miraculously, supported the employee. The problem for the employee was that his appeal was untimely because the unemployment office had not received it. Under the law, that should have been it. Luckily, the unemployment referee allowed me to present the case on the merits as well as on the timeliness issue.
The decision came in this weekend and the employee won. On the timeliness issue, the referee stretched to find he had filed his appeal on time, due to the testimony he gave about mailing it and so forth. And on the merits she found that he was an employee, not an independent contractor. I am sure she stretched on the timeliness issue because on the merits it was so obvious that he was not an independent contractor.
The case gave me satisfaction because it was such an obvious injustice and because the only reason he would have lost is procedural. To mix metaphors and sayings, the law is an ass, but sometimes even an ass finds a truffle.
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