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I was a 1099 employee for over a year and was let go recently; can I apply for UC benefits?

by Bill
(Levittown, Pa.)

I worked for an hourly rate, and on the employer's premises. I came in 2-3 days a week, sometimes more when needed; I submitted a weekly timesheet and was paid the following week. I didn't take part in the company's benefits plan and was responsible for paying my own taxes (Federal/State/Local, no UC).


I was let go because the employer felt the level of my work was not where it should have been after working there a year.



Hi Bill,

Yes, even 1099 employees (contract workers) may be considered employees in "covered employment".

If you want to know what "covered employment" is and what test Pennsylvania may use to determine if you were in covered employment Click 2009 and then "Coverage"

Generally, if an employer can fire you and they had control over when you worked and what you did while working and you didn't perform the same type of services for anyone else .. you were an employee.

But unfortunately, some employers may try to skirt the laws which would require them to pay unemployment tax on contract workers .. because they think they can get away with claiming you are self employed .. dumb move maybe .. but it happens.

It's just another can of worms, but one a state will want to get to the bottom of .. because taxes on wages are what fund a state's unemployment benefit program.

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