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1099 vs w-2 and minimum work weeks

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1099 vs w-2 and minimum work weeks

Post by elvis44102 on Sun May 13, 2012 8:00 pm

hello all,
i just finished a short contract, 7 weeks...this presents a new problem..
I have worked several small contracts this last year..5 or 6 maybe...
some were W-2, some were 1099...

In Ohio one needs 20-26 weeks to collect UI..I am positive I have 13-15 weeks of work total w-2 (well within the 52 week year)...I am thinking of applying for UI just to have them tell me exactly how short I am of the twenty week minimum...

The 1099 contracts i had might even be an issue as PC techs are supposed to get W-2 under the circumstances of those actual jobs I believe...I have done extensive reading about IT companies an PC techs doing w-2/1099 jobs and it seems to be an issue nationwide with the tax people as well as unemployment agencies....(but thats another issue, maybe)

If i could count the 1099 weeks i would be very close if not over the 20 week minimum...

I am posting this to see if anyone has any experience with this stuff....as hard as it may seem to believe, I have only been on UI the one time after many years in the work force, and then having my UI run out last year....

hoping to get enough work within the next few months to get UI again seems to be some sort of goal...temporary jobs have come along a trickle at a time....

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Re: 1099 vs w-2 and minimum work weeks

Post by Guest on Mon May 14, 2012 4:52 pm

Elvis, if you paid in qtly to UI on your 1099 weeks, then they should count along with the 1099 weeks. As you know, you are responsible for paying everything as a 1099 consultant/independent contactor. Does this answer your question?

Guest
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Re: 1099 vs w-2 and minimum work weeks

Post by elvis44102 on Mon May 14, 2012 8:18 pm

since i posted i looked into it a little more....and found a link to this forum of all places....(maybe 6 months old)....the "contracts" i get are suspiciously like w-2 jobs and are most probably misclassified by my employer....IT employers are notorious for this with a long history....

If i file it puts the focus on the employer who must conform to the standards put forth by IRS/dept of labor....but in my case i went back and added all my jobs up and still fall a couple weeks short....so the point is moot as of now....

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Re: 1099 vs w-2 and minimum work weeks

Post by TR11005 on Mon May 14, 2012 9:42 pm

I am from Ohio and have the same problem of working temporary over 5 places as a W-2 and still don't have enough weeks to collect Unemployment Insurance for the min. of 20 weeks.

In Ohio, many people are not aware all you need is 8 hours in a week to be counted as a week towards UI. The other thing is the the total amount. Which I am not sure, but it is not that much.

I would go ahead in your situation. Ohio needs to collect as much tax money it can against all employers. If you had to be there at a set time or a supervisor, then there breaking the IRS rules. They all might be forcing all the Social Security on to you, rather then paying half. The IRS, Social Security and Ohio Unemployment is very interested in these employers who claim their employers are 1099 and should be classified as W-2 according to IRS rules.

1099 don't pay into UI, only total into SS. That is a fact. Remember you can collect UI and do some 1099 work. Provided that you continue to look for work like everyone else. Never claim self employed for 1099. That will stop your UI.

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Re: 1099 vs w-2 and minimum work weeks

Post by elvis44102 on Mon May 14, 2012 9:51 pm

by TR11005 Today at 8:42 pm


""In Ohio, many people are not aware all you need is 8 hours in a week to be counted as a week towards UI. The other thing is the the total amount. Which I am not sure, but it is not that much.""

the minimum is around 215$ a week of which you get half....I dont think the number of hours enters into it....

I have a few contracts which ran together... work five days during week the sat and sunday of same week...different contracts....as far as i know that will only countas a week worked..at the same time i have a four hour contract that "should" count as a week worked (small pay granted).....that $215 is an average


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Re: 1099 vs w-2 and minimum work weeks

Post by TR11005 on Mon May 14, 2012 10:07 pm

$215 is an average. Which on a 40 hour week is about $5 per hour. You might get away with the 4 hour if it is high enough in pay. Don't tell thell them. It all depends on who is doing the figuring.

1099 work does not count, unless it should be W-2. Then Ohio will go after them, possibly even fine the employer!

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Re: 1099 vs w-2 and minimum work weeks

Post by Guest on Mon May 14, 2012 10:17 pm

Elvis,

Thanks for bringing up this topic. Good for you. Unless going 1099 and paying all the independent quarterly "contributions" equals W2, never give in to the "7/11" recruiters that are tier 2 or 3 headhunters (that was rather ugly I know). Go W2 and tell them *moderated* *moderated*!

But please be aware of your contract! Razz

Guest
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Re: 1099 vs w-2 and minimum work weeks

Post by elvis44102 on Mon May 14, 2012 10:18 pm

back when i was put on UI a few years ago, i read and re-read all the rules.....Ohio goes by minimum amount of money made and number of weeks, period i am pretty sure.....many many people work part time minimum wage jobs and are not covered at all because of this....(one of the worst states in the US, for this)...

Ohio goes by gross amount nowhere is number of hours even mentioned, best i could tell....that means you could theoretically work a couple hours a week make over the minimum and qualify....(weeks and cash amount)...to me that doesn't seem quite fair or right....surprise ....surprise....but that's the way i interpret it


they will take the total amount and divide by weeks with a pay date....

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Re: 1099 vs w-2 and minimum work weeks

Post by elvis44102 on Mon May 14, 2012 10:22 pm

by Bad Boy X Today at 9:17 pm
""Go W2 and tell them *moderated* *moderated*!""

thank goodness you are moderating yourself....

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Re: 1099 vs w-2 and minimum work weeks

Post by Guest on Mon May 14, 2012 10:23 pm

Hell yeah!

Guest
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Re: 1099 vs w-2 and minimum work weeks

Post by Jobless_in_Ma on Tue May 15, 2012 10:44 am

I have been on a 1099 for a year now. I am in no way an independant contractor seeing as I report to someoe here, I punch a time card and use their equipment.
I am in trouble if I get laid off but intend to file anyways stating I was on a 1099 for a tele center job. I believe our dear admin desperateInRi has a lot more info on the whole 1099 vs W-2 issue.

_________________
Thanks to all members for participating in the discussions.

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http://www.unemployed-friends2.org

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Re: 1099 vs w-2 and minimum work weeks

Post by TR11005 on Tue May 15, 2012 11:05 am

The IRS has the legal rules. You can complain to the IRS, Depatment of Labor or your State Department of Labor. W-2 and 1099 are federally controlled, not locally.

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Re: 1099 vs w-2 and minimum work weeks

Post by Guest on Tue May 15, 2012 11:17 am

Fed and state tax officials would be interested in hearing this kind of thing. The employer is not only screwing the employee, but also Social Security and Medicare, federal unemployment taxes, state income taxes, state unemployment taxes, in some areas local taxes, workers' comp violations....................

Unfortunately, this kind of greedy employer knows they have you. You have are lucky to have a job and they know it!

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Re: 1099 vs w-2 and minimum work weeks

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