Q: Is a subcontractor considered an employee in Florida if a paycheck (retainer) is received monthly via direct deposit?
Without a written contract, but consistent payment for 12-24 months has been received, and the agreement is terminated on the day payment would normally be sent, would said subcontractor have any assistance available via unemployment? Or any other resource? This check is approximately ½ my income
A:
Whatever benefits you as a subcontractor are entitled to receive under Florida law are spelled out under Florida law. For example, regardless of how long you were "employed" as a "subcontractor" unless your "employer" has been reporting you (and other employees) and paying Florida's payroll taxes that support the Unemployment Assistance programs you are not eligible for unemployment assistance.
Rule of thumb: If you receive a W-2 at the beginning of every year the chances are good that you are covered; if you receive a 1099 your are probably not. You can find out really quick by trying to apply for benefits.
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