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Board’s Determination Business Was Claimant’s “Employer” Reversed

In reversing the Unemployment Insurance Appeal Board’s determination that “Quick Change” was claimant’s employer and therefore was liable for contributions to unemployment benefits, the Third Department noted:

Here, Quick Change did not screen claimant but, rather, retained his services based upon his reputation in the industry. Claimant was  free to accept or reject an  assignment  from  Quick Change,  was  not prohibited  from  working  for others,  did  not  sign a written contract and  received no  fringe benefits. Although Quick Change arranged for claimant to begin working at a specific time and place designated by the client, the work schedule thereafter  was  dictated  solely by  the  client, and  a  representative from  Quick Change  was  never present at the job site. Quick Change did not train claimant or instruct him in any aspect of how to perform his work, and claimant was not required to report to Quick Change in any manner. Claimant furnished his own supplies and received no reimbursement from Quick Change. Once the work was completed, claimant submitted invoices to Quick Change for payment. Quick Change set the rate of pay; however, it was based upon the established market  for such  services. Moreover, while the owner of Quick Change hypothesized that she would likely pay claimant in the event that the client did not pay, this was based  upon  a sense of personal obligation rather than a  contractual  commitment.  In the Matter of Richins…, 515330, 515370, 3rd Dept 6-27-13

 

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