The Mississippi Court of Appeals finds that a woman hired by a family to care for an elderly family member is an employee entitled to unemployment benefits from the family member's estate. Estate of Dulaney v. Mississippi Employment Security Commission (Miss. App., No. 2000-CC-01908-COA, January 22, 2002).
Debra Thomas was one of a group of individuals who worked for Seymour Dulaney as personal caregivers and sitters from February 22, 1994, until Mr. Dulaney's death on August 20, 1998. All of the tools and equipment needed to perform the caregiving services were provided by the Dulaney family, and family members occasionally checked the work of the caregivers and gave instructions. The caregivers worked primarily eight-hour shifts and were paid a set hourly rate plus mileage to and from the job site. The wage payments were made by check either weekly or biweekly. There was no explicit written employment contract between the Dulaney family and Ms. Thomas, although a certification printed on the endorsement portion of the paycheck indicated, "[p]ayee hereby agrees by acceptance and/or endorsement of this instrument to report as earned income to all applicable authorities the amounts stated herein and to pay all appropriate taxes including self-employment or social security taxes."
After Mr. Dulaney''s death, Ms. Thomas filed for unemployment benefits. The Mississippi Employment Security Commission (MESC) determined that Ms. Thomas was an employee of Dulaney and as a result should receive benefits from his estate. Claiming that Ms. Thomas was an independent contractor, the Dulaney estate appealed this ruling and all the way up the administrative ladder to the circuit court, which affirmed the findings of the MESC and determined the Commission decision was supported by substantial evidence and the law.
The Court of Appeals of the State of Mississippi affirms that Ms. Thomas was an employee eligible to receive unemployment benefits. The court holds that the central issue to be considered in determining whether an individual is an employee or an independent contractor is whether the employer has the right to exercise control over the work of the employee. The court finds that the Dulaney family did have the power to control or supervise the performance of the caregivers, noting that the family personally hired Ms. Thomas and the others after an interview process to do the specified work; maintained Ms. Thomas's employment status; and trained and supervised the work done by the individuals in the caregiver positions, which did not require any specialized skill or licensing. Although the employment was necessarily temporary, it was not "seasonal" so as to qualify under the only exception to the coverage rules.
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