Do I qualify for benefits while working remotely?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Do I qualify for benefits while working remotely?

I was an administrator in a small business but my family relocated to another state. However, my employer and I agreed to keep me on as an employee, so I’m now working remotely. While my salary changed to reflect my new position, I was to keep all my previous benefits – health insurance, salary (opposed to hourly), etc. We have recently been told that I have to lose all of my benefits and will no longer be an employee but a contractor. We didn’t think this was the case as I am still responsible for similar tasks as when I was in the office excepting things required by my physical presence to complete.

Is this true? Do I have to forfeit my benefits/salary and go to a contracted/hourly wage? What is the technical difference?

Asked on February 16, 2019 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There are two different issues here.
1) Are you still an employee or are you a contractor? If your employer can still set your hours and manage exactly how you do your job, then you would most likely stlll be an employee even when working remotely. The key is the degree of control they retain: if they can require you to work certain hours and "micromanage" how you do things, you're an employee. If they simply send you work or projects and you do it when or how you want and send them back the finished "work product" (so to speak) without moderately close oversight by them, you could be considered a contractor.
2) Even if you are an employee, can they take your benefits and change you to hourly? Yes, they can do this unless you have a written contract guarantying your pay and benefits. Without a contract, pay and benefits are under an employer's sole control: they could change how you are paid or how much, and they can have different, or no, benefits for remote employees vs. on-site employees.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption