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Unemployment question?

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Unemployment question?

Postby Phatferd » Mon Dec 01, 2008 4:27 pm

I just became a product of the economy and was laid-off. It sucks, but I know there is nothing I can do about it. I plan on hitting the market hard and finding a new job, but I am also realistic and know it's a tough time to find work if you are out of a job.

Anyways, I was a 1099 employee for this company, but they were my employer. I had direct bosses and was told when and how to perform my job and had to give a weekly report of my actions. I think the term for this is Common Law Employee. If you asked my employer they would say I was an independent contractor, but that was only so they didn't have to pay the taxes on me.

Anyways, I was hoping some of you out there would have some insight on my situation. I applied for unemployment this morning, but it will take weeks before they give me an answer. Do you guys know if 1099 employees are even eligible for unemployment benefits?

I live in California for the record; I know it differs from state to state.
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Re: Unemployment question?

Postby knapplc » Mon Dec 01, 2008 4:43 pm

Tough question, and as you say, Cali laws will be the key. 1099 employees are independent contractors, and the fact that you had internal bosses wouldn't get around that fact here in NE.

I would imagine you would not have a time penalty to receive benefits since you were laid off through no fault of your own, but again, that's going to be a state-specific call.

Good luck to you, man. Sorry to hear about your situation. :-/
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Re: Unemployment question?

Postby Madison » Mon Dec 01, 2008 6:27 pm

Sorry to hear about that Phatferd. :-/
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Re: Unemployment question?

Postby The Artful Dodger » Mon Dec 01, 2008 7:03 pm

Phatferd wrote:Do you guys know if 1099 employees are even eligible for unemployment benefits?


I have no idea actually. I'd say because if you're a 1099 employee, the state also deems you as an independent contractor/consultant that you're not eligible, even if you're a direct report to someone or more within that company you were working for. Just take it up with the Department of Labor and they'll have a better answer.

Sorry about the news, man. Getting laid off right before the holidays is the worst time of all. :-/
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Re: Unemployment question?

Postby J35J » Mon Dec 01, 2008 8:01 pm

Sorry to hear that....here's hoping your situation turned out like mine. I got laid off a year ago and turned around with a new job 4 days later....it's closer to home, more money and just an all around better situation. Getting laid off was the best thing that has happened to me in quite some time! ;-D Good luck to you.
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Re: Unemployment question?

Postby Yoda » Mon Dec 01, 2008 10:21 pm

J35J wrote:Sorry to hear that....here's hoping your situation turned out like mine. I got laid off a year ago and turned around with a new job 4 days later....it's closer to home, more money and just an all around better situation. Getting laid off was the best thing that has happened to me in quite some time! ;-D Good luck to you.


Way to make our friend feel better. :-D
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Re: Unemployment question?

Postby J35J » Mon Dec 01, 2008 10:27 pm

Yoda wrote:
J35J wrote:Sorry to hear that....here's hoping your situation turned out like mine. I got laid off a year ago and turned around with a new job 4 days later....it's closer to home, more money and just an all around better situation. Getting laid off was the best thing that has happened to me in quite some time! ;-D Good luck to you.


Way to make our friend feel better. :-D


Hey, all I'm saying is don't get too down...you never know whats around the corner.
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Re: Unemployment question?

Postby Dan Lambskin » Tue Dec 02, 2008 10:49 am

J35J wrote:
Yoda wrote:
J35J wrote:Sorry to hear that....here's hoping your situation turned out like mine. I got laid off a year ago and turned around with a new job 4 days later....it's closer to home, more money and just an all around better situation. Getting laid off was the best thing that has happened to me in quite some time! ;-D Good luck to you.


Way to make our friend feel better. :-D


Hey, all I'm saying is don't get too down...you never know whats around the corner.


yeah i know what you're saying...the last company i worked for filed bankruptcy and cut a bunch of people. luckily they "saved" my job by offering to let take a job as a test technician (quite a step down from engineer) that was 35 miles farther away (same pay though)
that got me job searching again and found a better paying job that i like a lot (still in the volitile auto industry though)
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Re: Unemployment question?

Postby Amazinz » Tue Dec 02, 2008 11:45 am

I don't know all the specifics for eligibility but I'm fairly certain being 1099 does not exlcude you in and of itself (at least here) because I know 1099s that have received benefits.
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Re: Unemployment question?

Postby smoovethug » Fri Dec 05, 2008 4:03 am

J35J wrote:
Yoda wrote:
J35J wrote:Sorry to hear that....here's hoping your situation turned out like mine. I got laid off a year ago and turned around with a new job 4 days later....it's closer to home, more money and just an all around better situation. Getting laid off was the best thing that has happened to me in quite some time! ;-D Good luck to you.


Way to make our friend feel better. :-D


Hey, all I'm saying is don't get too down...you never know whats around the corner.


Nice wisdom. Keep ya head up Phatty.
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