If you can prove that you were misclassified then yes you can. I worked for a company that misclassified me as an independent contractor. I was able to prove that I was treated as an employee. I had set hours, worked at the location and all my duties were assigned to me. I had no control of how or when I performed the work. I had taken a picture of a sheet the employer gave me of my daily duties and times that I was to do the assignments. With proof in hand, I submitted this information to the unemployment office and it was determined that I was a misclassified worker. Unemployment compensation approved and the company will now be going through and audit by the DOL.