In Canete v. Judlau Contr., Inc. , Hugo Canete fell off a ladder while working at the home of Thomas and Judith Iovino and filed suit against them and Judlau Contracting, Inc. -- a construction company where Thomas Iovino served as CEO.
While Canete claimed he worked for Judlau, the Iovinos contended they were Canete's employers. And, although Canete received his paychecks from Judlau and his W-2 listed that company as his employer, the homeowners asserted they employed Canete to perform work at their residence and merely paid him by way of the corporate entity.
The Iovinos later asked for the case's dismissal arguing, as Canete's true employers, they were protected by the state's Workers' Compensation Law. But the Suffolk County Supreme Court denied that request because the couple couldn't show they employed Canete.
On appeal, the Appellate Division, Second Department, agreed there were questions who actually hired Canete. (Since Judlau was a distinct legal entity, the Iovinos wouldn't be shielded from liability if Judlau was Canete's employer.)
Canete be something shady was going on here?
To download a copy of the Appellate Division's decision, please use this link: Canete v. Judlau Contr., Inc.