Author Topic: Collecting unemployment  (Read 1614 times)

Jtrey17

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Collecting unemployment
« on: August 13, 2017, 08:20:25 PM »
Hi friends, I have a friend who is questioning whether he is eligible for unemployment and I thought I'd throw it out here and see what you all think.

He worked at a company as an employee for about 8 years. Last July the company was bought out and his new employer eventually told him that he was now considered a independent contractor (even though none of his job duties changed, still has a company car, still paid weekly, etc). So this July the new company fires him, claiming that there is not enough work to keep him busy. Can he claim unemployment? He doesn't believe that the company he worked for the past year paid in to unemployment since they considered him an independent contractor. Not sure where to start and would appreciate your help-thanks!

Joel

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Re: Collecting unemployment
« Reply #1 on: August 13, 2017, 10:44:31 PM »
He should be able to claim unemployment, and could likely report him for improperly classifying him as a contractor.

mozar

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Re: Collecting unemployment
« Reply #2 on: August 14, 2017, 11:27:12 AM »
I think they (unemployment) will look back 18 months. So he can get unemployment from when they used to pay it (if they had stopped). Just apply for it. They will tell your friend if they are eligible or not.

Kwill

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Re: Collecting unemployment
« Reply #3 on: August 14, 2017, 11:31:42 AM »
The exact rules may depend on your state, but they should also be easy to find online.

catccc

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Re: Collecting unemployment
« Reply #4 on: August 14, 2017, 01:46:02 PM »
He should be able to claim unemployment, and could likely report him for improperly classifying him as a contractor.

This.  Companies can't just declare employees to be contractors to get out of payroll taxes!  If nothing about his job changed, he was probably improperly classified after they made the change.

GuitarStv

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Re: Collecting unemployment
« Reply #5 on: August 14, 2017, 01:49:48 PM »
He should be able to claim unemployment, and could likely report him for improperly classifying him as a contractor.

This.  Companies can't just declare employees to be contractors to get out of payroll taxes!  If nothing about his job changed, he was probably improperly classified after they made the change.

+1

Contact a lawyer, this doesn't sound right.

Dicey

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Re: Collecting unemployment
« Reply #6 on: August 14, 2017, 03:42:16 PM »
He should be able to claim unemployment, and could likely report him for improperly classifying him as a contractor.

This.  Companies can't just declare employees to be contractors to get out of payroll taxes!  If nothing about his job changed, he was probably improperly classified after they made the change.

+1

Contact a lawyer, this doesn't sound right.
Do this, but file for unemployment first.