Gaffney v. Department of Employment Services

NEUMAN, Justice.

This is an appeal by petitioner Mark Gaff-ney from a district court ruling that upheld a division of employment services decision denying him unemployment benefits. The agency’s denial rested on a finding that Gaff-ney was an independent contractor, not an employee. Because we conclude the agency applied the wrong legal standard, we reverse and remand for a new ruling on the record already made.

I. Background Facts and Proceedings.

In January 1990, Gaffney pursued a job opening as a truck driver for three interrelated businesses: Seamans Trucking, Inc.; Charles W. Seamans, Inc.…