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View Full Version : Can I collect unemployment in Florida if I'm a 10-99 employee and get laid off


concerned emplo
Jan 22, 2014, 09:01 AM
IIam a 10-99 employee and business is not good at this time, and Im afraid I will be laid off. Will I be able to collect unemployment till I find another job?

joypulv
Jan 22, 2014, 09:17 AM
No. A 1099 is issued for contract work, not wages. Sorry. You are considered self-employed.
It's possible that your 'employer' is paying you on 1099 basis illegally, but that won't help your situation. He's not going to suddenly start paying for all the things employers either pay for outright, or pay half of. He'll just not use you anymore, or go out of business, if you report him. (If you want to know if you are a legal contractor, tell us more about your job)

smoothy
Jan 22, 2014, 09:23 AM
DO you have a work history prior to that you could draw off of for unemployment... and how long before that was it?

AtlantaTaxExpert
Jan 22, 2014, 11:04 AM
If you are willing to "burn the bridge" with this employer, you can submit Form 8919 and claim that you are in fact an employee. That way, you pay only YOUR half of the Social Security and Medicate taxes and let the IRS contact your employer about the other half.

Several of my clients have done this in the past and have had the satisfaction of knowing the IRS assessed taxes and fines in excess of $100,000 on former employers who decided all of their employees were "independent contractors".