Post-acquisition HR Consultant was an independent contractor

man at desk working on human resourcesFrom Findlaw, the New York Appellate Division said that an HR consultant who negotiated a consulting agreement with an company and the company that was acquiring the first company was an independent contractor and not an employee eligible for unemployment benefits.  The court said:

Claimant negotiated and drafted an agreement with both Tomen and Toyota whereby he served as a consultant for both companies, during set periods, to provide post-integration support in human resource matters with regard to the Tomen employees being assimilated by Toyota.   As a consultant with Toyota, claimant worked three to five days a month and set his own schedule.   He was not required to report to any supervisor, was not given any direction by anyone, did not submit his work for review, did not participate in regular human resource meetings and was issued an identification badge indicating that he was a contractor.   Claimant submitted a monthly invoice for an agreed-upon payment, which, pursuant to the agreement drafted by claimant, withheld no taxes.   Although claimant points to evidence that could support a contrary result, substantial evidence supports the Board’s finding that no employer-employee relationship existed inasmuch as claimant “acted essentially autonomously” as a human resources consultant…

Source: IN RE: the Claim of JOHN FARLEY

  1 comment for “Post-acquisition HR Consultant was an independent contractor

  1. Maddie
    September 17, 2015 at 8:08 PM

    Very interesting post. I will have to do some further research about this. You definitely have caught my interest.

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.