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    Tearbear06's Avatar
    Tearbear06 Posts: 1, Reputation: 1
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    #1

    Mar 27, 2010, 06:44 PM
    If I am on a 1099 can I still get unemployment if I get fired from a job
    My husband was laid off since June 1st.His boss called him Friday saying they want him to come back to work on Monday but he has to fill out a 1099.Our question is if he is on a 1099 and they lay him off again will he be able to collect unemployment still? He is currently on unemployment.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Mar 27, 2010, 06:46 PM

    No, 1099 contractors do not contribute to Unemployment benefits and, therefore, cannot collect them.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Mar 27, 2010, 06:59 PM

    A person getting a 1099 is not an employee, they are a contractor,
    So your contract is stopped more than actually being fired.

    Next you don't "fill out a 1099" a 1099 is what is used for taxes they give you instead of a W2. Most likely it is a contract putting him on a 1099 status.

    As a 1099, no taxes are held out either, so his money should be a lot higher than normal pay. First they don't pay a matching 15 percent social security taxes, that he will have to pay so his pay has to be that much higher just to be equal.

    Plus he will not be covered by workers comp, unemployment and other company benefits
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Mar 28, 2010, 07:20 AM

    And I will add that he must qualify as a 1099 contractor. An employer can't simply change a person's status UNLESS AND UNTIL that person meets certain requirements.

    I'd be very careful here - I see this being done for the benefit of the employer, not your husband.
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