Anchorage, AK asked in Business Law, Civil Litigation, Contracts and Employment Law for Alaska

Q: Hired as an employee but the contract signed said Independent contractor covenants and proprietary rights agreements

I want to know if the contract would still be legally binding when trying to get unemployment the company won't give unemployment my Paystub I never received copies either I want to know if I can go after them legally. The Company was in Mississippi but I was hired from Alaska I would like to know what I can legally do. The owner of this company has F***** almost everyone over and at this point, it is not about the money it is about the principle, that I will not be one of them.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: In your situation, the distinction between being classified as an employee or an independent contractor is crucial, especially in terms of unemployment benefits. If your contract stated you were an independent contractor but you were treated as an employee, this could be a misclassification issue, which is significant legally.

You have the right to request your paystubs, and if the company is withholding them, this could be a violation of your rights. In the context of unemployment claims, having access to your paystubs is important to establish your work history and earnings.

Since the company is based in Mississippi and you were hired in Alaska, jurisdictional issues may arise. It's important to determine which state's laws apply to your employment contract and any subsequent legal actions.

You can consider taking legal action against the company for any violations of employment laws, including misclassification, withholding paystubs, and any other unfair practices you might have experienced. The principle of holding the company accountable is understandable, especially if you believe they have wronged you and others.

Given the complexities of employment law and the potential for interstate legal issues, it would be wise to consult with an attorney who has expertise in employment law. They can help you understand your rights, evaluate the validity of your contract, and advise on the best course of action, whether it’s pursuing unemployment benefits, seeking compensation, or other legal remedies.

Remember, taking a stand on principle can be important, but it’s also crucial to ensure that your actions are grounded in a solid understanding of the law and your legal rights. An attorney can provide the necessary guidance to navigate this process.

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