The Massachusetts Appeals Court recently ruled that a newspaper carrier classified as independent contractor at the Worcester Telegram & Gazette should be considered an employee, making him eligible for unemployment compensation.
The case, Thomas G. Driscoll v. Worcester Telegram & Gazette Corp., was originally filed in the Gardner Division of the District Court on October 12, 2004.
The Appeals Court ruling runs counter to an earlier decision from the Supreme Judicial Court that found carriers at the Athol Daily News to be independent carriers, according to an issue briefing from the Boston-based law firm of Prince Lobel Glovsky & Tye LLP.
In its decision, the Appeals Court found that the T&G could not prove that Driscoll was "free from control or direction" of the company.
Click here to read the text of the decision.