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Old 10-08-2010, 03:03 PM
 
11 posts, read 21,182 times
Reputation: 13

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3 years ago, when I was working for a company. While I was working, I also started an LLC with Delaware state. My wife and I are the members of this LLC. However, certificate of incorporation from the Delaware state does not list any members.


6 months ago, I resigned from the company that I was working to join another high-paying company. If I laid off from the new company, will I be eligible for claiming the unemployment benefits given that I am a member of an LLC. The LLC has not generated any income for last two years.

I highly appreciate your comments.


Thanks,

Kumaran

Last edited by kumaran; 10-08-2010 at 03:18 PM..
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Old 10-08-2010, 03:18 PM
 
Location: Chicago
15,586 posts, read 27,621,939 times
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You should call lawyer.
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Old 10-08-2010, 03:24 PM
 
11 posts, read 21,182 times
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Thanks Avengerfire.

I will wait for a little while to see if anyone, who had a similar experience willing to share his/her experience before I call a lawyer.
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Old 10-08-2010, 04:20 PM
 
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Unless you are an employee of the LLC you are probably out of luck. If you received pay you should be eligible.
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Old 10-08-2010, 05:12 PM
 
11 posts, read 21,182 times
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Thanks a lot.

I was not an employee of the LLC because I started it. However, I received the salary from a different company that I was employed at. Given this situation, do you think that I should have been an employee as well for the LLC also in order to be eligible. The LLC did not make any income and I had no employees for the LLC. Since I was working for a different company, I earned income from that different company.
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Old 10-08-2010, 06:56 PM
 
Location: Chicago
15,586 posts, read 27,621,939 times
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The state goes by earning periods. Depending on what part of the year it is-the last period they go by can be 6 months ago. If you have little or no earnings in the the 4 quarter period they use-you will get little if any benefits.
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Old 10-09-2010, 06:31 PM
 
11 posts, read 21,182 times
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Thank you for your response. Just to make sure that you understood the situation well.

I have been earning good income last 6 months from a company that I do not own. This company is reputed firm, which I was an employee.

The LLC that I started in Delaware is totally seperate. I was not an employee but a member of the firm. This company was not making any income for the last one year.

My question was If lose my job from the reputed firm, will I be able to claim for the unemployment benefits? Or will it be rejected since I am a member of an LLC eventhough this LLC did not generate income.

Thank you.
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Old 10-09-2010, 07:08 PM
 
Location: Chicago
15,586 posts, read 27,621,939 times
Reputation: 1761
Quote:
Originally Posted by kumaran View Post
...My question was If lose my job from the reputed firm, will I be able to claim for the unemployment benefits? Or will it be rejected since I am a member of an LLC eventhough this LLC did not generate income...
I can't tell you for sure. But I think you can collect off of the last job. But it may not be very much because of the reasons I stated above.

You should apply and see what happens. That is the best advice I can give you right now.
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