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Do It Yourself Furnace Repair
QUESTION:I've got a little problem and I've been told the only recourse I have
is to file a suit in the circuit court. Here goes - the short version.
I live in Wisconsin. I was entirely self employed in 1993-1995. In 1996 and
1997 I took a job with a company here in Wisconsin but kept doing a little
self employment consulting on the side just to keep my hand in it a bit. In
November of 1997 I was release from the company and filed unemployment.
Self-employment taxes were filed for '94 and '95. My self-employment income
for '96 and '97 was shown on Schedule C's but self-employment taxes were
not filed directly. I simply made sure that the taxes withheld from my
corporate employer covered everything. I do not have an EIN (Employer
Identification Number) because I am not hiring anyone and don't need one
according to the I.R.S.
So, I take a contract with a company out of Ohio as a self-employed
individual in February of 1998 while still actively looking for full time
permanent employment. When I file my unemplyment claim for that week with
the state of Wisconsin they state that I have to be interviewed to
determine my self-employment statues. Fine, we talk over the phone and they
state that because I don't have an EIN I am not self-employed. I tell than
that they are wrong. The IRS said I don't have to have an EIN. They state
that the IRS and the state of Wisconsin have different definitions of
self-employment. The only other way to be declared self-employed is to meet
six of eight requirements in the state statutes - 108.02(12)(b).
I appeal the ruling and an appeals hearing is set. In the meantime they
tell me to keep filing my weekly claims - which I do. I answer the question
about being self-employed as 'Yes'. They keep paying me my weekly claim.
At this hearing we go through the eight requirements and I present evidence
that I meet them. They state that they will make the determination based
upon the statute. The ruling comes back that I am still an employee of the
Ohio company even though I meet the requirements because I didn't write the
contract I am operating under. This is not one of the eight requirements in
the statute and is not the reason I was rejected before. Interesting.
I appeal this and keep filing and answering the questions to the best of my
knowledge. While under appeal I still claim to be self-employed and
continue to answer the question on the weekly claim that way. About this
time they figure out that they have been paying me by accident. Since the
initial determination that I was an employee of the Ohio company (an
erroneous decision still under appeal) the consulting money I was being
paid was to be declared as income and therefore the weekly benefit checks
were paid in error. Keep in mind, the initial decision is still under
appeal. Now they hand down a decision, before the second appeal is heard,
that I have been over paid and that I did this intentionally trying to
defraud the state. So, they want their $1,740 back and have declared
punitive damages of $3,480 to be collected from any unemployment claims I
might make in the next six years.
The second claim is put before the board with all evidence. The decision
comes back. I am still am employee - not self-employed because although I
have filed self-employment taxes in the past I have not filed
self-employment taxes for "this kind of business in the past". The
self-employment is done and has been done under one company name this
entire time, from 1994 until now. It is a general practice doing some
computer consulting, building product information creation, web site work,
general product marketing work and the like. This specific contract I was
working under was more educating a sales force than anything else.
So, now my only appeal is to file an action against the Labor and Industry
Review Commission. I went to the county court house and asked for the forms
to fill out. They said there aren't any. You have to have an attorney do
it.
Wait a minute. I don't need an attorney to do this - just some advice and
help. I don't want to hire an attorney to do something for me I should be
able to do myself with common sense but there is no help out there. This is
suppose to be our court system and when the average citizen can't operate
in it on a matter this trivial we are in bad shape.
So, two questions. First, do I sue them? If I pay back the money I'm
admitting to fraud and I won't do that. Second, where do I find help to
file an action in the state of Wisconsin against the Labor and Industry
Review Commission? How does an average citizen file a law suit?
ANSWER: You interpret me as saying something that I did not. Your original post
said words to the effect of, "I should be able to do this [representing
yourself in legal matters and preparing and filing a Circuit Court appeal,
if I recall correctly] by applying my common sense, and don't need a
lawyer." Well, you tried to do it yourself instead of using someone whose
business it is to do this sort of work, and there is now a judgment against
you for thousands of dollars. The judgment may be as a result of bad facts
or bad representation; I don't know. If bad facts, your lawyer would
normally suggest some sort of settlement so that you wouldn't have to go
through the numerous proceedings you went through. If bad representation,
well, that was your decision.
I don't know what you do for a living, but I doubt that I could do it as
well as you do merely by an application of common sense. Likewise, I doubt
that you could represent yourself in a legal proceeding as well as someone
who does it for a living.
The analogy I often use is that you can repair your gas furnace. There is no
rule that requires you to hire someone experienced in such repairs; in fact,
you can read books on furnace repair. Of course, if, through your
inexperience, you make a mistake, you can blow up your house. Likewise, if
due to your inexperience you make a mistake in a legal matter, it, too, can
blow up.
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