Unemployment Compensation - Eligibility - Determination of Independent Contractor

Summary of Pennsylvania Decisions

Tracy v. Unemployment Compensation Board of Review, No. 2098 C.D. 2010 (Pa.Cmwlth., June 11, 2011)

Holding: When a worker is free from control and direction in his or her work performance, and is customarily engaged in an independently established business, an employer can “rebut the presumption that an individual working for wages is an employee eligible for unemployment compensation.” Customary trade practice, specific contract language, the absence of tax withholdings, and the absence of supervision or regular meeting attendance may help to determine whether a worker is an ineligible independent contractor rather than an employee.