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Confused37 · Sep 16, 2009, 04:09 PM

If I am Fired from my job and start collecting a 1099 as an independent sales rep can I collect unemployment insurance?

excon · Sep 16, 2009, 04:34 PM

Hello C:

If they actually DIDN'T take out taxes from your check, you are in independent contractor and as such, NOT eligible for unemployment.

excon

Confused37 · Sep 16, 2009, 04:34 PM

If I am fired from my current job in NJ and take a position with another company as a 1099 independent sales rep can I collect unemployment?

excon · Sep 16, 2009, 04:36 PM

Hello again, C:

This is a DIFFERENT story... But, you still can't collect, because you have to be unemployed. If you take another job, you'll be working.

excon

Confused37 · Sep 16, 2009, 04:42 PM

The new position is 100% commission, not a set income, would that allow me to collect?

excon · Sep 16, 2009, 04:45 PM

Originally Posted by Confused37

The new position is 100% commision, not a set income, would that allow me to collect?

Hello again, C:

No. You have to be unemployed, available for work and actively LOOKING for work. You'll be employed. How you're PAID makes no difference.

excon

Confused37 · Sep 16, 2009, 04:53 PM

Originally Posted by excon

Hello again, C:

No. You have to be unemployed, available for work and actively LOOKING for work. You'll be employed. How you're PAID makes no difference.

excon

Let me re-phrase this. If I get fired and refer business to another company that will basically pay me a commission on what I send them. I won't be an employee and will be actively looking for employment. If I receive commissions in a 1099 form while I am looking for employment can I still collect?

Confused37 · Sep 16, 2009, 05:01 PM

Let me re-phrase this. If I get fired and refer business to another company that will basically pay me a commission on what I send them. I won't be an employee and will be actively looking for employment. If I receive commissions in a 1099 form while I am looking for employment can I still collect?

excon · Sep 16, 2009, 05:01 PM

Hello again, C:

When you apply for your weekly check, you have to swear under penalty of perjury that what you're saying is the truth. You have to tell them that you're NOT working... IF YOU consider "referring business" to somebody and getting PAID for it, to be NOT working, then that's what you tell them.

In MY view however, you'll be working, and not eligible to receive benefits.

excon

Fr_Chuck · Sep 16, 2009, 05:22 PM

You will have to report any income you earn on your weekly report, and also still be looking for another job.

So as long as you earn less than the allowed amount you can collect