Unemployment & Starting a small business (file, receive, qualify, work)

[hawnsolos]

Hello again everyone,

I have been unemployed now for a little over 6 months (tier 1) and I am in the starting stages of starting my own business.

My question is regarding filing for a business license.

I am concerned about going through the process of making my business name and ideas protected. I would need to file for a copyright & trademark for my business name and logo and I am assuming this part will not effect my UI.

But what if i file for a business license under my name? would this in itself disqualify me for UI?

OR

Would I actually have to make money under this business for it to effect my UI.




The reason I am asking is I have honest intentions and am in no way trying to scam, but, I would not be able to afford loosing UI until I was actually making money.

In other words, can I: 1)copyright logo 2)trademark name 3)file for a business license. This business will not be making me money for a while, as I am in the very early stages of my plan, but I want to form the identity and legally protect it.

Thanks for any help.

[Bhaalspawn]

I think it might cost a couple thousand to get a trademark and to then maintain (renew) the trademark every year. You might want to visit the Patent and Trademark office's website (uspto.gov) first. You might even need to hire an attorney to do it for you. (There are attorneys who have a "trademark mill" type of practice, so it might not be too expensive.)

What I wonder about is whether or not you become "employed" as far as unemployment benefits are concerned even if, in reality, your start-up business is losing money or just breaking even and providing no income.

[hawnsolos]

Originally Posted by Bhaalspawn

I think it might cost a couple thousand to get a trademark and to then maintain (renew) the trademark. You might want to visit the Patent and Trademark office's website (uspto.gov) first. You might even need to hire an attorney to do it for you. (There are attorneys who have a "trademark mill" type of practice, so it might not be too expensive.)

What I wonder about is whether or not you become "employed" as far as unemployment benefits are concerned even if, in reality, your start-up business is losing money or just breaking even and providing no income.

Yes i have a pretty solid amount of information as far as the trademark & copyright, and am prepared to pay for protecting my idea.

BUT. As you pointed out, this is exactly what I am concerned about. If I go through with the business license, will I be "employed" and stop getting UI from my last job of 8 years-

or

Does the business actually have to make or pay me money to stop getting UI.



Hopefully some clear answers, as I am excited to move forward with my business but not at the expense of screwing up the only income that keeps my food and shelter.

[NYChistorygal]

I have the same problem. In NY, anything you do - even if you don't earn money - related to work is considered 'work'. So I'm waiting until my UI runs out. I don't want to take the chance of losing what few weeks I have left.

[Boxerlady]

Just a suggestion as a family member had to do this. Not related to UE but due to another issue, could not put a business licsene in her name. She put it in a very trusted family members name that she knew would not do her wrong. She paid all the taxes on the business and basically ran it as her own. The liscene expired in one year and she put it in her name at that time. She had no problems with this. It could be different depending on your state and the nature of the business though.

[Opyelie]

The UE system (along with many other govt programs) is broken - it does NOT do a damned thing to encourage the unemployed to take initiative and start their own business, or even to be willing to take "any" work they can get for fear of losing any benefits they are currently entitled to.

I thought there was some mention at one point from Obama that they were going to look into the way UE is currently set up to "disincentivise" workers from pursuing what may be less than a optimal solution, but would be "something" other than being totally reliant on UE.

It's time to make trying to do "the right thing" less of what can end up a mistake re being able to provide for oneself/family.

[NJBest]

In NJ, we have Self Employment assistance.

Department of Labor and Workforce Development | Self-Employment Assistance (SEA) Program

[Opyelie]

Self employment programs are a minefield - one wrong step in the process and you find yourself penniless and that's IF you qualify in the first place. Read the fine print.

[diorgirl]

Originally Posted by NJBest

In NJ, we have Self Employment assistance.

Department of Labor and Workforce Development | Self-Employment Assistance (SEA) Program

The Self Employment Assistance Program in New Jersey is for people who are eligible for regular unemployment benefits, but wish instead to start their own business. It is very difficult to qualify for the program.

You need to:
• Be a "dislocated worker" (involuntarily separated from employment) and unlikely to return to your previous employment.
• Be determined by the state as likely to exhaust unemployment benefits.
• Be willing to work full-time developing your business.
• Have or be able to obtain financial backing needed to start and sustain the business until it becomes self-supporting.

You waive unemployment benefits, and receive SEA benefits instead; UI provides some training in running your own business; and they have separate quotas you must meet regularly (in lieu of looking for work full time, as is required for regular unemployment).

[NJBest]

I've considered the option because I am dislocated due to having shut down my own business. The only way I could go back to doing what I was doing would be to start up a new business when the economy picks up.