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Is Unemployment filing an option for self-employed laid off in Florida?

by Gustavo
(Miami, Florida)

Hi. I've been working for 5 year for a company that opted to pay me as "self-employed" and I have been laid off.

Can I apply for unemployment?
How do I start?
Thank you.


Hi Gustavo,

If you were a contract employee you will first need to check out this "Coverage" chartbook published by the USDOL.

You said you were self-employed, but to be truly self-employed you have to be your own boss.

The chartbook tells what "test" is used by each state to determine if you were an employee or not. If you think you were an employee you can find the link to file from this page.

If you were self employed you cannot collect unemployment, but if the test shows you actually were an employee and the employer wasn't paying unemployment tax on your wages....uh-oh!! for the employer.

The state would more than likely pay you out of a general fund and come down like a hammer on the employer.

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