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Topic: Unemployment
| Author | Message |
| xpress | Posted – 2/16/2006 5:02:32 PM | show profile I worked as a freelance writer full time for a year and a half, and now have been let go. Does anyone know if you are allowed to apply for unemployment even though you weren't a real employee? |
| Cyrus | Posted – 2/16/2006 5:08:21 PM | show profile Generally, you are not entitled to unemployment unless you were an employee -- i.e. not a freelancer or contractor. Employers pay into the fund that provides unemployment insurance for all their full-time employees, as that's mandated by law. But they aren't required to do so for anyone else. It's possible that you would be able to qualify for unemployment through another recent full-time job you had, but only they could tell you for certain. ------ Cyrus Afzali Astoria Communications www.astoriacomm.com |
| UGoGirl | Posted – 2/16/2006 5:49:22 PM | show profile This link might help: http://jobsearchtech.about.com/od/laborlaws/l/aa080601.htm |
| ignatz | Posted – 2/16/2006 7:15:29 PM | show profile its really easy to find out if you qualify for unemployment. Just call the unemployment office The have all your records on file and can tell you over the phone if you qualify. |
| slink | Posted – 2/16/2006 8:13:59 PM | show profile You have no rights to collect unemployment at this time. |
| steady1 | Posted – 2/16/2006 11:00:17 PM | show profile If you were on a payroll, and received a W2 at the end of the year and not a 1099, you may qualify. |
| Marie | Posted – 2/16/2006 11:24:23 PM | show profile If you were a temporary employee and went into the office regularly, you definitely qualify. Were taxes taken out of your check? If yes, you're definitely eligible, even if you were temporary. Now if you were freelance (an independent contractor) but were required to go into the office every day, had a desk, a phone, and an e-mail, you still might be eligible, although your employer will say you're not. Ignore that. If the above was your situation, your employer misclassified you, and you can still likely collect, although your employer will likely fight it. Tough. File and see what happens. |
| overthehillwriter | Posted – 2/17/2006 12:07:46 AM | show profile | email poster Marie's right. People try to get away with this stuff all the time -- little sweatshopisms. Go see and check it out -- you have nothing to lose. |
| xpress | Posted – 2/17/2006 12:24:05 AM | show profile so marie, I did work like a real employee everyday 9-5 with a phone, desk, email, i was just a contractor for a year and a half. Should I just apply for benefits and see what happens or should i call the company directly. Also, if I apply for benefits will my boss know that I am doing this? |
| Dharma Queen | Posted – 2/17/2006 12:29:34 AM | show profile Unfortunately, You Can't Get Unemployment Hey. Sorry to be a contrarian, but as a contract employee, even if they have you on the payroll and they're taking taxes out, you're not eligible to receive unemployment. I know it sucks, but this exact same thing just happened to my roommate. You can look up more info on www.nyc.gov (if you're in NY) or on your state's Department of Labor Website to determine your eligibility. |
| TeuscherTruffe | Posted – 2/17/2006 7:42:35 AM | show profile This is one of the reasons I formed a corporation when I started my freelance career. As a C-corp, I pay federal and state unemployment tax for my employee (me). It's not a huge chunk of cash, but I'm protected. In the event that I lose all my clients and my business is dissolved (God forbid), I can then file for unemployment. As an independent contractor working off a 1099, you're not eligible for this, I believe. But it's certainly worth a call to your state unemployment office. Several years ago when I quit a horrific job, they were fantastic and quickly got me benefits. |
| caitlinkelly | Posted – 2/17/2006 10:20:01 AM | show profile How can you quit and file for unemployment? ------ Author of "Blown Away: American Women and Guns" (Pocket Books, 2004.) |
| TeuscherTruffe | Posted – 2/17/2006 10:30:12 AM | show profile Believe it or not, you can quit and file for unemployment--and get it. But here's the catch--the situation at your company has to be truly awful, as in physically and emotionally abusive. My physician insisted that I resign because my health was affected. I'd tried to work things out, but management just gave the bully more power. In six months, with a staff of 15, 18 people quit, including me--and the bosslady promoted her again. After I escaped, I talked with a lawyer, who advised me to file for unemployment as this was clearly a constructive discharge. When I did, the counselor from the unemployment office called me, in tears, after reading my petition. I was approved immediately. She said my only mistake was not quitting on the day things got bad--that would've been enough to get benefits. Eventually, after 30 people walked, they realized she was awful and booted her. Hooray. I hated being on unemployment, but within a few months, I found clients, put together a business plan, and now have a juicy little company. Happily ever after, as they say. |
| caitlinkelly | Posted – 2/17/2006 1:42:41 PM | show profile Thanks. I'm aware of constructive discharge. Did you have to show a physician's note to prove your illness(es) and its relationship to your job? Did you not try for severance? Did they give you any? I'm glad it worked out. It's important for others to know that it can! ------ Author of "Blown Away: American Women and Guns" (Pocket Books, 2004.) |
| Beautygirl | Posted – 2/17/2006 1:59:19 PM | show profile YES you can get unemployment! I know because I was in your exact situation a few years ago- fulltime job with desk, phone, company email, but paid as a freelance contractor. It was a tough battle with unemployment involving pages of paperwork and back and forth phone calls but I got the unemployment. They told me the fact that I was required to be there everyday and that I had a desk with my own phone line was the determining factor- and also that this job was considered my only source of income at that time. Be persistant and good luck to you in getting unemployment and a new job. |
| TeuscherTruffe | Posted – 2/17/2006 2:43:47 PM | show profile Caitlin, I had the doctor's note ready to go before I filed. My doc balked a bit, insisting he didn't want to appear in court on my behalf, but I explained that wasn't necessary. His note was brief and blunt: Ms. X suffers from xxx, and the condition was exacerbated by the hostile work at environment at XXX. Therefore, I have advised her to resign immediately so that her health will not be further compromised. It worked. But again, I had such copious documentation of the last months there, unemployment would've said yes without his note. It just topped off the pile. |
| TeuscherTruffe | Posted – 2/17/2006 2:53:32 PM | show profile On severance, I didn't attempt it. I got my vacation payout and just crawled away. The president was in the bully's back pocket at the time, so it's doubtful she would've given me anything. |
| df | Posted – 2/17/2006 3:17:35 PM | show profile | email poster yes you are entitled to unemployment As an employer I have let independent contractors let go - and learned that they were my employees. You need to have had one of the following to be okay for unemployment: Company e-mail address Listed in the company's phone directory Assigned desk and specific tasks Only source of income Getting direction for your work But this will most likely be a nasty battle. There is a better way to do it. Talk to your former employer and ask if you can file as a 1099 for unemployment. The labor department is really keen on getting rid of fake independent contractors and will not willingly identify this route. You have to ask for unemployment for 1099 self employed. Believe me it works. Have been there done it. If you don't want to do it, call up your former employer, and tell them that you are going to file for unemployment and that you - as per your legal council - will win. Offer to settle - both of you repay the not withheld taxes (you got your full pay without any deductions too! ic are not only offer benefits to the employer) and you go and file for unemployment. You can pay your taxes back up to 3 years after filing. Or you just threaten and settle... |
| xpress | Posted – 2/17/2006 3:50:52 PM | show profile Thanks...I see that there is a lot of info, some say yes, some say no. I think I'm going to apply and see what happens....what do I have to loose? I'll try to find this post and update and let u all know what happens! Thanks to all! |
| slink | Posted – 2/17/2006 3:58:24 PM | show profile You may not collect unemployment. I suggest you begin looking for another job. |
| jane | Posted – 2/17/2006 6:41:50 PM | show profile YES YOU CAN I was in that situation 4 years ago; I received a W-2 from the contract employer so was able to receive unemployment. The employer was a sweatshop tv network who would toss people before a year so they wouldn't be obligated to pay for a permanent employee's beenfits. |
| Marie | Posted – 2/17/2006 11:38:33 PM | show profile xpress-I would have responded sooner, but I have my own sweatshop job during the day and so couldn't. Maybe someone else answered appropriately and accurately, but I haven't read through what everyone else said. So here's my response: As I said before, if taxes were taken out of your check but you received no benefits, you were likely classified as a temporary employee. You are absolutely eligible to collect unemployment, End of story. Your employer won't even challenge it. Not even a debatable issue. Fait accompli. File through the phone and be happy. You said you were required to work 9-5, had an e-mail, and worked for a year and a half. Did you say you were an independent contractor who received a 1099 at the end of the year and had no taxes taken out of paycheck? If yes, but if your situation was EXACTLY as you described (you were required to come into the office, had regular hours, an e-mail, a phone extension, and was there long term --one and half years is long term) you will qualify, although it will be stickier and your company will likely challenge it . Truth be told, your employer violated the law if it classified you as an independent contractor and your situation was EXACTLY as you decribed it. Ttough for them. You will be eligible, and unemployment will likely side with you. So yes, although your employer will believe it can circumvent paying for your unemployment insurance, it can't. It should have classified you as a temporary employment but didn't. Again, tough. But the onus will be on you to prove the regularity of your arrangement. Your pay stubs, which I hope to God you saved, will prove this (week after week of steady employment). You'll have to provide the other details--that you were on-site, required to work specific hours, had an e-mail and a phone. The regularity of your payments will prove a lot. If you didn't save your pay stubs, there's other ways through bank deposits to prove the regularity of payments. One thing to remember is that the unemployment people are generally on your side. I know, I know, it's part of the great bureaucracy. But they're very attuned to all the crap companies pull to avoid paying benefits. It's hard for me to believe that in this day and age, with all the changes in the IRS laws, that a company would still be so stupid as to retain you in the circumstances you describe (defining you as an independent contractor yet requireing you to work on-site and keep regular hours--this is an out and out violation of the independent contractor arrangement). But who knows. There is absolutely nothing wrong with filing for unemployment benefits. A good part of it comes right out of your state income taxes. You are absolutely entitled. And although the money is not much, it will pay for food as you search for new work. So please, do us all a favor and file. Believe, you need the money. And if your arrangement was as you described, you'll get the benefit. Lived through it and seen it. |
| Marie | Posted – 2/17/2006 11:53:05 PM | show profile Ok, I just skimmed a few responses, and Dharma Queen is completely wrong. Completely. Please. I've been around a while. I know what I'm talking about. |
| Marie | Posted – 2/18/2006 12:12:22 AM | show profile Well,you did get some good information from two other people. So definitely file. I'm not sure I would call my former employer and tell them I'm filing...I would just file. Bottom line is, companies cannot hire independent contractors and then impose staff requirements on them, like requiring them io come into the office and keep regular hours for an extended time. They don't have to pay benefits, but they have to classify you as a temporary employee, put you on the payroll, deduct taxes, and there's no question that this class of employee is eligible for unemployment When this employment ends. It's not even a point of discussion. You're eligible for unemployment, provided it was for a certain amount of time determined by the state (it's either a certain number of hours or months, and your rate will be determined by what you earned). Again, not even a debatable point. I know I've gone a little over the top here, but as a longtime freelancer until about two months ago...I've seen just about everything. And I become physically ill when I see some of the arrangements companies construct to avoid paying unemployment. Fortunately, they usually lose, and wind up getting additional fines for circumventing IRS laws. |
| Dharma Queen | Posted – 2/18/2006 1:56:18 AM | show profile Marie, didn't mean anything personal and I was in no way implying that you don't know what you're talking about. Yikes! I think all of this depends on the state where you work and how you're classified and if there are caveats in your particular employment agreement. Xpress should just go ahead and try it, and if it works, great! |
