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I asked a question earlier for a friend of mine, but now I am posing this question regarding my own situation. I think I know the answer, but I want to see if maybe I am wrong.
The question is, do I have ANY chance of getting UI based on the following circumstances. Please read the whole description before responding.
I had been working as a contract driver (1099, own vehicle) for the past 6 weeks for a local delivery company. My car was stolen this week and now I have no way to work as a contractor. I asked my contract employer about going to hourly wage status and using his van, but for now he cannot accomodate due to business down and expenses. So I am out of a job.
Before this job I worked for a larger company doing office work. I worked there almost 3 months and I quit when I was offered this contract job. Now ironically, this company laid off half their work force last week. I was only there for the time described and I would have been laid off there too had I been employed there.
Note: when I gave the standard required 7 days notice at this company they "terminated" my employment 2 days after my notice date. They paid me the complete 7 days as per company policy.
Before this position which went from Feb to May, I worked in 2012 from Feb to October at a part-time job that I voluntarily quit. I did not receive UI on appeal, even though I quit due to what I experienced as workplace harrassment.
So I am wondering if there is a chance I might get UI now due primarily the fact that my previous (to now) employer laid off half the workforce and I would have been one of them.
I know the contract job does not pay UI, but if it were a wage job and I was told there was no more business that they could justify keeping me on for (which is why they aren't converting me to wage earner over contractor) could UI possibly be paid out of my previous employer?
2012 - Feb - Oct. - part-time - quit/harassment - benefits denied
2013 - Feb - May - Office work - quit when offered contract job
2013 - May- June - 1099 contract driver/own vehicle/vehicle stolen
Questions are:
Quote:
Originally Posted by FeelinLow
So I am wondering if there is a chance I might get UI now due primarily the fact that my previous (to now) employer laid off half the workforce and I would have been one of them.
No. You were not part of the workforce which had been laid off. You quit prior to the layoff.
Quote:
Originally Posted by FeelinLow
I know the contract job does not pay UI, but if it were a wage job and I was told there was no more business that they could justify keeping me on for (which is why they aren't converting me to wage earner over contractor) could UI possibly be paid out of my previous employer?
Yes. The base-earnings for the claim would include wages from all employers in the base-year - April 2012-March 2013 (if you file in July), assuming you had sufficient wages, which it appears you would.
Per DOL, under Ohio law, you can receive benefits if you quit your previous employment to take another job and then lost that job, provided:
Quote:
OH - only if individual (1) obtained other employment while still employed or started other employment within 7 calendar days after date of the quit to accept other employment; and (2) worked 3 or more weeks in other employment and earned wages = the lesser of 1½ X individual’s AWW or $180.
It looks like I might be eligible then. Even though I was working as a contractor being paid "per diem" for delivery orders and did not receive wages from the last employer.
My contractor job was more or less deemed "self employment" where I pay in my own taxes, etc. No benefits, etc.
Would you recommend applying? I mean all they can say is "no".
Also, re the office job. I was already looking for something else as I felt that there was a lay-off coming and my "training" had more or less stopped. They instituted a hiring freeze as well. When I got contacted by this contract employer (I had done seasonal work for them last year) for a part-time (to start) job I jumped on it.
He told me I could use my own vehicle or one of his. That was in May. When I lost my own vehicle he then said he could not justify letting me keep a van of his for use for a part-time job and he did not have the business to justify me for full-time. So no van, no job.
He told me I could use my own vehicle or one of his. That was in May. When I lost my own vehicle he then said he could not justify letting me keep a van of his for use for a part-time job and he did not have the business to justify me for full-time. So no van, no job.
Quote:
Originally Posted by FeelinLow
It looks like I might be eligible then. Even though I was working as a contractor being paid "per diem" for delivery orders and did not receive wages from the last employer.
My contractor job was more or less deemed "self employment" where I pay in my own taxes, etc. No benefits, etc.
Would you recommend applying? I mean all they can say is "no".
Sure. There is no harm in applying. Approval will depend on how Ohio views your independent contractor status vis-a-vis "other employment." I suspect you will initially be denied but, if somehow you can convince them you would still be working if employer would provide the vehicle as he originally offered, there might be a slight chance. Ohio may have an odd quirk in its law that would accommodate your particular circumstance - or you could run into a sympathetic examiner. Ya' never know.
As it is true that I would be working if he allowed me use of the van (which he initially promised), I am going to apply next week and see what happens.
Well, now I found that the company vans are not available as previously described. The one he has is trashed, has no seat belts, and no air conditioning. Plus he wants to charge a weekly "rental" fee. Forget it.
I am back to contractor status and would have to rent a vehicle, which is cost prohibitive.
I am just going to try to find something else. Not even going to pursue UI.
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Nice way to start the week. Thanks for the update.
