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Eligible for unemployment on 1099-MISC

SonataFan 310 18 February 11, 2016 at 07:44 AM
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I'm in a real tough situation at the moment. I've been working for a company for over a year on a 1099-MISC. When I first joined, I signed a 3 month contract, after these 3 months the boss increased my salary a bit but didn't give me anything else to sign. So I've been working without questioning anything.

Most recently my father passed away, and I've had a ton of expenses related to that and had to take lots of time off. My boss was of course very fed up with all that.

Not only did I not get any bereavement pay during that time off, but he's so fed up with me that he wants to fire me. I'm in a real tough spot financially right now due to the many expenses I have. I was wondering, would I qualify for unemployment pay if I was to get fired under these circumstances?

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#2
You would probably still be eligible but I would start looking for another job immediately.
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#3
Quote from flatlight View Post :
You would probably still be eligible but I would start looking for another job immediately.
Why would he be eligible? He hasn't paid into the states unemployment fund.
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#4
Quote from stufine View Post :
Why would he be eligible? He hasn't paid into the states unemployment fund.
But I have been paying my taxes, both federal and state, so why wouldn't I be eligible??
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#5
Quote from SonataFan View Post :
But I have been paying my taxes, both federal and state, so why wouldn't I be eligible??
You're what's considered an independent contractor. Normally businesses pay half of their employees social security taxes as well as a portion of an employees salary towards state unemployment insurance. Because you're an independent contractor the company you have been doing work for doesn't pay anything towards UI therefore you receive no unemployment benefits. It is somewhat common for companies to try to illegally claim employees as independent contractors when they're clearly employees. Depending on the nature of your work you do for the company it may be possible to make such a claim and you would then be eligible for unemployment. Obviously it's going to depend if you're actually an independent contractor or not.


https://www.legalzoom.com/article...ed-to-know
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#6
Quote from SonataFan View Post :
But I have been paying my taxes, both federal and state, so why wouldn't I be eligible??
you may have paid taxes but you haven't been paying any UI premiums. you can always file a claim for unemployment and then dispute it when they deny it.

you indicated that you originally signed a 3 month contract. if your contract doesn't extend itself, your boss doesn't have to fire you actually. you are a 1099 independent contractor, you aren't employed by his organization or his employee. he simply can just stop giving you work and stop paying you.

read the contract you signed, if it includes terms for bereavement pay you could ask for it. but i wouldn't expect it.
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#7
You are likely without any recourse. Several things have happened.

1) Your 3 month contract expired. The company has no obligation to continue doing business with you. They must pay you for the work you perform but are not obligated to anything further.

2) If the company was truly satisfied with your work, the bereavement leave as you call it would not affect your standing as a contractor. There are cold people out there, but good workers are good workers and I think you might be attributing a little too much to the bereavement leave as the reason.

3) There is likely no unemployment benefits associated with your independent contractor status. You should be job searching and getting yourself into a W-2 employee situation. There have been cases made for certain situations but unless you were paying separately into the unemployment fund you would not likely be eligible.

My suggestion is to heavily look for valid employment as a full employee with benefits. 1099-misc is not for everyone and you found a good reason to stop the contractor status. You should also probably take stock of why you were let go from contracting with this company -- I'm willing to bet there is more to this story.
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#8
Quote from SonataFan View Post :
I'm in a real tough situation at the moment. I've been working for a company for over a year on a 1099-MISC. When I first joined, I signed a 3 month contract, after these 3 months the boss increased my salary a bit but didn't give me anything else to sign. So I've been working without questioning anything.

Most recently my father passed away, and I've had a ton of expenses related to that and had to take lots of time off. My boss was of course very fed up with all that.

Not only did I not get any bereavement pay during that time off, but he's so fed up with me that he wants to fire me. I'm in a real tough spot financially right now due to the many expenses I have. I was wondering, would I qualify for unemployment pay if I was to get fired under these circumstances?
As others have said you are unfortunately not eligible. Assuming you don't have something like Aflac...
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#9
Depends on the monthly/weekly amount. You have to report it by your pay period and your unemployment will be adjusted/lowered accordingly. So, when you certify, you have to be truthful and disclose $amount earned per pay period.
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