[dbandoo]

Can I collect unemployment?

[Fr_Chuck]

For the last year where you 1099 or where you an employee.

If you were a 1099 these last years, no, 1099 workers can not get unemployment.

[dbandoo]

I have been employed with a company for 20 years. The first 10 years I was in-office working as an employee. When I became pregnant I gave my two-week notice to resign. The president of the company gave me an “offer” to tele-commute; which I took and have been doing it for the last 10 years. They changed my filing to 1099. I was still working 80 set hours (meaning if I didn’t work those 80 hours I’d still get paid for 80 hours); getting my yearly bonus; time and a half when working before 9:00 AM and after 5:00 PM and double time on weekends, if I left “the office” I had to check in and out with someone in the main office. 2001 or 2002 the company changed everyone’s hours (due to the economy) and they changed me to working 40 set hours (part-time) but still I was “on call” with the same hours and bonus, etc. Last month I was told I would have to be let go and they’re giving me three months to find another job. My question is am I considered an “employee” and can I collect unemployment if I do not find anything before September.

[MukatA]

When you are a W-2 employee, your employer takes care of making payments toward state unemployment insurance.
As a 1099-misc employee, you have to make this payment yourself, which normally 1099-misc employees do not do. So you will not get unemployment income.

[wnhough]

QUOTE," . . . am I considered an “employee” and can I collect unemployment if I do not find anything before September. "---
As you can see, in fact, some companies don't fully understand the difference of concept between independent contractors and employees. Even among companies that do understand the difference, there are those that attempt to exploit the relationship, because it's clearly to their advantage to do so. ( they actually convert employees into independnet contractor's status)Because companies don't have to withhold federal, state( if applicable) and FICAtaxes, or pay unemployment or workers' compensation insurance for independent contractors. They also don't need to offer benefits like paid sick leave, vacation, health insurance and stock options, as they do to attract and retain employees. Furthermore, companies don't have to offer much of anything to independent contractors.
You can contact your state agency, Employment Development Department (EDD),most involved with the determination of independent contractor status , and is also is concerned with employment-related taxes.