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Can an IC collect unemployment? - Iwonmycase

Posted: Sep 22, 2012

YES!!!!!!!! Ladies and gentlemen there IS hope! Because my employer dictated my hours per week, per day and the time I was to work unemployment considered that to be an employee status and NOT IC even though they didn't pay my taxes. This was the decision made after my prior employer appealed my unemployment benefits from them. Please keep the faith that these companies who try to dictate to IC's their hours, ect will NOT get away with it forever! I wish you'all the best of luck!

I won my case also - IC no more

[ In Reply To ..]
I was an IC for a couple years part time. Then, they lost the account and I had no work. Right after that, I was severely cut back on hours on my full time job (employee) and applied for unemployment. I was able to collect on BOTH JOBS because the IC job had me wrongly classified as an IC. The unemployment office asked me like 10 questions and felt that they had me wrongly classified. Therefore, I won.

I wonder now if I could get that company to pay the tax difference back to me, being as though I was wrongly classified, but I am sure IRS would have their own rules.

They should owe you about 7.5% of what you made there. - FBL

[ In Reply To ..]
or half of what you paid as self-employment (social security) tax. Might be worth it to pursue.

yeah, considering I worked there 2 to 2-1/2 years - good bank

[ In Reply To ..]
How on earth do you pursue that? IRS???

File an amended tax return - or have your accountant do it

[ In Reply To ..]
x

Exactly, IC CANNOT BE ASSIGNED A SCHEDULE. - MT

[ In Reply To ..]
Thank you for this proof.

I've only worked as an employee in 20+ years (two good companies, fortunately), but MTSOs taking advantage of ICs is a pet peeve. Look at the ads - MTSOs are literally asking everything of an employee but calling it an "IC" so they don't pay taxes, offer benefits, PTO, etc. Nice. How crazy is that? There is one MTSO that posts here constantly saying if you don't want to adhere to a schedule as an IC, don't take the job. True, but how can they justify that they are demanding NO DIFFERENCE in work responsibilities and (even worse) pay from an IC as an employee.

There is a reason that the government has SEPARATE classifications for employee versus IC. Please, anyone who is an IC, with all the terrible turns this industry has taken, you are one of the few who have a legal leg to stand on. Take advantage of it.

Would you voluntarily stick to a schedule if... - Winston

[ In Reply To ..]
the pay was better? I understand that ICs can't be told how or when to perform their duties, but let's say a contractor wished to subcontract services from you and needed you to work 3-11 to meet the terms of their contract, but they offered you $0.14 to $0.16 a line? I say this because the "benefit" of being an employee in the big-three doesn't seem to be a benefit at all. They'll file your taxes, they offer you a health benefit that costs more than what you could get yourself, and there's no guarantee of available work... Where' the benefit of "employee" status then?

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