Quote:
Originally Posted by rostarco
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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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.