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Old 11-17-2011, 08:50 PM
 
2,942 posts, read 3,136,659 times
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Default Employer not listed on monetary eligibility form

My previous employer..the one who came in and shut our office down.... is not listed on the form I received from UI ,but my other employers are. The phone interview is tomorrow and it is in regards to me quitting a previous job. My last employer(the one who closed the office) did not deduct taxes from my wages. Do you think this will be a problem? When I initally filled out the unemplyment forms, I listed them as my last employer and my reason for needing unemployment. I`m nervous about them not being listed. Can I be denied unemployment because an employer does not withdrawl taxes? I was a marketing manager for a home improvement company and was paid hourly. I had to report to the office each day,was responsible for hiring,training and discipline of other employees, had a set schedule,etc. Their main office is in PA and I am in MD. They also have another office in a different part of my state.
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Old 11-18-2011, 12:20 PM
 
Location: NJ
1,244 posts, read 2,110,044 times
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Quote:
Originally Posted by spm62 View Post
My previous employer..the one who came in and shut our office down.... is not listed on the form I received from UI ,but my other employers are. The phone interview is tomorrow and it is in regards to me quitting a previous job. My last employer(the one who closed the office) did not deduct taxes from my wages. Do you think this will be a problem? When I initally filled out the unemplyment forms, I listed them as my last employer and my reason for needing unemployment. I`m nervous about them not being listed. Can I be denied unemployment because an employer does not withdrawl taxes? I was a marketing manager for a home improvement company and was paid hourly. I had to report to the office each day,was responsible for hiring,training and discipline of other employees, had a set schedule,etc. Their main office is in PA and I am in MD. They also have another office in a different part of my state.
Taxes are deducted from W-2 wages, and no taxes are deducted from 1099 wages. The question is, were you improperly classified as a 1099 employee when you should have been classified as a W-2 all along? The IRS has clear-cut rules about this, and many employers get away with improperly classifying their "employees."

What is the difference between a Form W-2 and a Form 1099-MISC?

How do you determine if a person is an employee or an independent contractor?
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Old 11-18-2011, 03:02 PM
 
2,942 posts, read 3,136,659 times
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Thanks wannbee, I have researched the classifying by employers. It doesn`t matter how they classify you as far as unemployment is concerned. But with the IRS,it`s a different matter. As far as unemployment is concerned ,it`s more about the working relationship you have with your employer,no matter how they classify you. Do they pay you a salary,hourly,etc. as opposed to paying you per job. Do you have a schedule that you have to adhere to, report to an office, report to a manager,etc. Do you use company equipment or materials for the job? Those are the things that unemployment looks at.
In any event, I had my phone interview and UI told me that my employer did in fact report my earnings and stated that I was indeed laid-off. She said it didn`t matter if they took taxes out or not...that was an IRS matter. I`m not sure why she asked me questions about how or why I left my previous employer, though. I`m just a little more confident about getting benefits now that I know that my employer reported my earnings and that I was laid-off. But again,not sure why the questions about my employer before that.
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