Fall 2006,I found a great job through a staffing agency. The job is Office Manager with a very small service firm. After 2 weeks the company "bought" me from the agency for several thousand dollars. To meet their budget needs, they offered to bring me to their staff as an independent contractor until the close of 2006, then switch me to salaried status with benefits at the first of the new year. I am the sole support of my family and household.
Great pay, close to home and FUN people: I reluctantly agreed to the arrangement. I have no prior experience with this status.
I filled out a W-9 form. There was an email stating the plan to the agency, but never an actual contract offered or signed.
January 2007 arrived and the Owner began daily promises to "sit down and discuss my package" with me, but was always unavailable to do so. As the Payroll person, I was even directed to begin deductions for for Medical Insurance for my family and me. I was assigned increasingly more weighty duties and responsibilities
In anticipation of my new Employment status, I traded my old "clunker" car for a later model. The Finance company was even provided with a letter from this company stating their intent to transition me to salaried status, imminently.
Ultimately, the car finance company called me to advise that my "employer" had contacted them indicating a change of intent (of which I was never directly notified). I was asked to return the new vehicle.
Now the owner has directed me to to take the next 3 weeks off unpaid (while the accountants close out 2006) and return to work at possibly a lower hourly rate.
I need to know , since there was no contract, do I have ANY rights?
Without a contract, does that mean that by default I was an employee? Can I file for unemployment?
Need guidance, please. Thanks.