OIL-SPILL DAMAGES INVESTIGATOR WAS AN EMPLOYEE ENTITLED TO UNEMPLOYMENT BENEFITS.

The Third Department determined claimant, who was hired by Guidepost to investigate damages claims relating to an oil spill, was an employee entitled to unemployment insurance benefits:

 

… [T]he record contains substantial evidence that Guidepost exercised the requisite control to establish an employer-employee relationship. Claimant received three days of training on how the written reports of his investigations were to be drafted and was reimbursed for the related travel expenses. Guidepost provided the claims to be investigated to claimant, who worked from home in New York. Claimant used reports filed by Guidepost’s field investigators in Louisiana in evaluating the veracity of the damage claims. Claimant submitted his final written reports to Guidepost, which forwarded them on to its client. Guidepost handled all of the client’s complaints, and the client was not aware of who had actually prepared the report. Claimant and Guidepost entered into a written agreement, pursuant to which claimant was paid a set hourly rate and was required to submit monthly invoices to Guidepost containing a log of times and dates and a detailed description of the work performed. Guidepost agreed to pay all approved business expenses. Guidepost also placed restrictions on claimant’s solicitation of or provision of services to Guidepost’s clients during his employment and for a year following separation and required him to adhere to a code of conduct.  Matter of Zaharuk (Guidepost Solutions LLC–Commissioner of Labor), 2016 NY Slip Op 01028, 3rd Dept 2-11-16

 

UNEMPLOYMENT INSURANCE (OIL-SPILL DAMAGES INVESTIGATOR WAS AN EMPLOYEE)