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I am collecting unemployment and may have a job for one week out of the month, will I qualify to collect for the other 3 weeks?


(NY)

I am currently collecting unemployment in NY. I was working part-time, about 10 hours a week when I was laid off so my benefits are not to the maximum…only about $150.00 per week. I may be possibly getting some work which will only be once a month…the last week of the month and I will be working the entire week. Therefore, my pay for the week will be equivalent to working the entire month part-time. My question is, because I will only be working one week out of the month, will I still be able to collect unemployment for the other 3 weeks?? Is there a maximum amount for me to make that would disqualify me in receiving the benefits. I will be considered an outside contractor, not an employee.

Each week you file for unemployment benefits is a week unto itself.

So, if you make all the money in one particularly week you report it when you file for continuing benefits for that week.

The other weeks have nothing to do with the week you earned wages.

Read sections 700 and 1400.

However, whether you will be earning wages or not is a good question.

When someone tells me they will be a contractor .. not an employee .. I become concerned for them in case NY determines they are now self employed.

Someone telling you you aren’t an employee .. doesn’t make it so.

If you are not an employee then the employer doesn’t have to pay unemployment taxes. .. If you are self employed you could very well have a problem trying to say you want to be an employee again.

Whether you are an employee or an independent contractor is determined by tests and laws .. including tax laws.


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