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Old 02-24-2011, 06:52 PM
 
7 posts, read 21,156 times
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ok I find this very confusing what type of employment is allowed while you are collecting unemployment in PA? From what I have read it seems like it is ok to be a 1099 contract worker but you can't be a 1099 self employed worker? How do they determine the difference. I think by I.R.S. rules you are either a 1099 or you are a w-2 but for unemployment purposes they allow you to be a certain type of 1099. Are you allowed to take a 10 hr per week part time contract job working in an office doing admin and also researching leads by making phone calls while still collecting benefits? You are not allowed to be for example a real estate agent while collecting benefits but how are they going to determine what type of employee you are? What questions do they ask to determine? If they determine that you really should have been a w-2 and the employer misclassified you what happens?
If they decide that I am a w-2 that will hurt me because the wages will count towards forcing open a new claim. With a 1099 the income is not counted towards opening a new claim.
I know there is HR4213 with the part time employment fix but I didn't meet the deadline for that.
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Old 01-06-2012, 03:45 PM
 
2 posts, read 6,616 times
Reputation: 10
hello,
I have a question: I work in a small business in Philadelphia for six months and I got a check every two weeks no taxes witheld and the owner told me that i am goeing to get in january 2012 a 1099 form to file my taxes.After six months i lost the job...My question is : can I file for unemploiment ?
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Old 01-06-2012, 04:06 PM
 
Location: home state of Myrtle Beach!
6,269 posts, read 18,905,011 times
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Quote:
Originally Posted by rostarco View Post
hello,
I have a question: I work in a small business in Philadelphia for six months and I got a check every two weeks no taxes witheld and the owner told me that i am goeing to get in january 2012 a 1099 form to file my taxes.After six months i lost the job...My question is : can I file for unemploiment ?
You should have started your own thread for this question instead of hijacking OP's.

1099 workers are usually not eligible for unemployment except in very rare cases and you would know if you were paying the insurance premiums that would make you eligible for benefits.
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Old 01-06-2012, 04:22 PM
 
Location: Wisconsin
21,541 posts, read 44,028,155 times
Reputation: 15150
Quote:
Originally Posted by rostarco View Post
hello,
I have a question: I work in a small business in Philadelphia for six months and I got a check every two weeks no taxes witheld and the owner told me that i am goeing to get in january 2012 a 1099 form to file my taxes.After six months i lost the job...My question is : can I file for unemploiment ?
In short, no. Unless you contest this 1099 status with your state. Some people have successfully done that, but it will take several months before you are paid. Recent poster on this board was successful doing that. However, if no UI taxes have been paid by this employer, it will be a big ask to get unemployment benefits.

Fwiw, not every state requires a W2 employee to pay into UI insurance. NJ does. I'm not sure about PA. But the employer always does, which, along with FICA and Workmen's Comp, is one of the reasons you are paid on 1099 - employers don't want this expense.

However, the states are cracking down on patterns of abuse in this area. In other words, employers who routinely use 1099 for numerous employees can be forced to pay UI and are penalized.

It's up to you, if you think you have case.
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Old 01-06-2012, 05:02 PM
 
Location: Wisconsin
21,541 posts, read 44,028,155 times
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Further, I do not think you have enough work history under PA unemployment law. You need at least two quarters of wages in your base year. Your base year in PA is October 2010-September 2011. PA does not use an alternate base year for its calculations unless you've been injured on the job. In other words, it does not take wages you've earned up until you've been laid off.

So, 1099 aside, you wouldn't qualify for unemployment benefits in PA at this time, anyway, unless you've had other earnings during that 12-month period.
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Old 01-07-2012, 08:21 PM
 
Location: PA
56 posts, read 161,104 times
Reputation: 30
When in doubt you always apply for unemployment benefits. The 2nd worst thing that can happen is your are found ineligible. The 1st worst thing would be that you could have collected and never have applied. You will never know unless you give them a call. You would be surprised how many 1099 employees can collect unemployment.
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Old 01-07-2012, 10:27 PM
 
2 posts, read 6,616 times
Reputation: 10
Thank you for your help!!
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