I was laid off in 2009 and have been collecting unemployment in California. My previous employer owes me back-pay for commissions that were earned as an employee, but the payments were scheduled to pay out monthly over a period. Now my previous employer wishes to pay me the back payments as 1099 income. While I was employed we made an agreement that shows that the commission payments are to continue for up to a year after my employment ended.

Will I need to deduct the commission payments from my unemployment each month? When I originally spoke to the unemployment office, they said that back wages earned before my employment ended did not need to be listed on the claim form each month. I wonder if the fact that I am now getting paid as a 1099 (because my employment was terminated) if that causes any problems?

Unfortunately, it is impossible to get a hold of anyone in the CA EDD office to answer questions.

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