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Unemployment to 1099 Independent Contractor Suppposed to Be W-2 Employee
I was recently fired from my boss for assumptions that he made about me. He claimed I was recruiting off his sales floor and telling other sales floor about his lead source. So he fired me without talking to me or warning me. I've work for him for half of the year and he has hi workers as 1099 independent contractors even though we should all be W-2 employees. I've worked with other sales floors before his and have always been a W-2 employee. Is there anyway I can collect unemployment in this situation?
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You can't collect unemployment on 1099 income.
You can report the employer to the Dept of Labor, I believe, even though it's the IRS that sets the rules for what constitutes contract work and is the agency that cracks down on this. (An employer of either type doesn't need to give warning when firing unless it's company policy.) |
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Comment on joypulv's post
I only worked for this company for 4-6 months. Before this I worked on other sales floors as a W-2 employee. Are you saying there is no way to get unemployment under any circumstance? I have the SS-8 form filled out ready to send but have held off because I'm waiting to here back from my initial application for unemployment insurance. When I filled out the info for unemployment insurance I was eligible for like $500 per month...
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You may file, but you will be denied first time, if you can prove in the appeal hearing that you are really a employee, not a contract worker, then you may win. But if you were sales people on commission, it is nothing wrong with him making you a 1099, and I will assume you knew and agreed to being 1099 when hired. |
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The IRS doesn't allow contract pay just because people work on commission. Three of the top criteria for contractors are must not work on the premises, must not use company equipment, and must have other sources of income. The first one is the biggie. There is actually a long list, but they ignore most of them.
And the IRS is cracking down on this more than in the past. |
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I've actually heard from several people that you can get unemployment even if you are 1099. Especially if the owner of your company is breaking rules making you an independent contractor. Why would he ever deny paying it if he knew I could easily blow the whistle on his company telling the IRS, state tax commission, and the Department of Labor..
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