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Independent Contractors and EDD

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Independent Contractors and EDD

Post by lupinibean on Wed Jun 12, 2013 11:27 pm

Does anybody know if working as an indepedent contractor nullifies or affects receiving EDD benefits? I have an opportunity to do some temporary part-time work, with an open end date, but my understanding is I would be hired as an indepedent contractor rather than a company employee. The work itself would be sporadic, so I would need to go back to collecting benefits in my "off"weeks, but I'm hearing and reading different things about how this type of work may disqualify me for benefits. I'd appreciate any insight anyone has on this. Thanks!

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Re: Independent Contractors and EDD

Post by elvis44102 on Thu Jun 13, 2013 1:17 am

i am in the same boat to i would like to know....
 
i have been told different things such as anything under $600 as 1099 and you dont have to report to IRS
 
The states keep track of w-2 income from employers
 
It would almost seem to depend on amount earned
 
supposedly you may pay your own taxes (including unemployment insurance) and then claim unemployment when work is slow
 
the experiance i have had (just a little) was only a few weeks here and there when NOTHING else was availabe
 
the work i have done is/was of course MISSCLASSIFIED w-2 work done as 1099
 
they have guidelines set up for the distinction between the two
 
I am going to go out on a limb and say in practicality it depends on the amount of work money (weeks of work) that you can do, and IF you have a choice pick W-2 work and claim tax EXEMPT status(w-4 form)

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Re: Independent Contractors and EDD

Post by jmainframe on Thu Jun 13, 2013 2:47 am

It gets a little difficult trying to collect unemployment while making a parttime income. In Jersey, they allow up to 10% over what you'd receive in unemployment to still collect for that week (I.E. $600 + 10% of that = $660). And the more you make, the more they decrease from your unemployment. So your combined income in this example between your unemployment and your parttime work cannot be more than $660. If your parttime work exceeds $660, you get no unemployment for that week.

That's Jersey, other states may be different. I'm not sure about reporting 1099 income. I do know a friend of mine was working fulltime as a 1099, and he is not eligible for unemployment because of that, which is rediculous in my view.

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Re: Independent Contractors and EDD

Post by elvis44102 on Thu Jun 13, 2013 11:43 am

i was a couple weeks short of the minimum weeks for unemployment and tryed to use my 1099 weeks along with documentation to show i was indeed misclassified
by the employer.....no luck

This is/has been very common especially within the IT field, of course the work was no different from work i was getting w-2 payment for

evidently unemployment insurance is paid to the state quarterly and an individual can choose to pay his/her own...

some of my employers gave me a choice of getting w-2 or 1099 pay, with the 1099 usually being 2-3$ more per hour (hourly pay is an indicator of a w-2 job)

when all is said and done it is easier to take the w-2

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Re: Independent Contractors and EDD

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