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Another Unemployment question

Posted on 5/16/20 at 8:39 pm
Posted by tigersbb
Member since Oct 2012
13261 posts
Posted on 5/16/20 at 8:39 pm
I work mainly as a 1099 employee and " gig employment. One client pays me as a W-4 through a payroll management company and I am the employee of the payroll company. All of these are part time jobs.

In most cases I may not receive some payments until several weeks after the work is completed.

The W-4 payment is once a month.

My overall income is reduced since the CV 19 pandemic and I may qualify for partial unemployment. Will my eligibility just be week to week dependent upon what payments I actually receive in a given 7 day period , regardless of when the payment was actually earned?

If I receive ,say $1500 dollars this week for work I did in April and I physically work only a few hours this week and earn $300 I am not eligible.

But if I receive no income the next week but actually work 30 hours the next week but no payments are actually received I am would qualify. Is this correct?
Posted by LSUJML
Central
Member since May 2008
56853 posts
Posted on 5/16/20 at 8:39 pm to
Money board will have better answers
Posted by tigersbb
Member since Oct 2012
13261 posts
Posted on 5/16/20 at 8:41 pm to
quote:

Money board will have better answers


Thanks, just noted someone else had received answers to an earlier UE question on this board.
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
299716 posts
Posted on 5/16/20 at 8:43 pm to
quote:

My overall income is reduced since the CV 19 pandemic and I may qualify for partial unemployment. Will my eligibility just be week to week dependent upon what payments I actually receive in a given 7 day period , regardless of when the payment was actually earned?


Traditional employees, it's deducted the week earned. SE is a unique situation to UI and it's far more dependent on the nature of the work.

If you're being paid for services, deduct the week earned. You'll need to consult your state UI office to see how the want it reported if you're selling things though.
Posted by texashorn
Member since May 2008
13122 posts
Posted on 5/16/20 at 8:46 pm to
If you’re getting W-4 wages then your state unemployment commission has access to those amounts and will apply whatever rules they have on variable income for you. W-4 wages will make you eligible for regular unemployment insurance, as opposed to a 1099 who is not.

Once your benefit baseline is figured, then you will be allowed to make money within a certain percentage of your benefit. In Texas, you can make 25 percent of your weekly benefit and still get your full weekly benefit. It’s scaled thereafter and hits a point where if you make enough during your reporting period, you get no benefit.
Posted by tigersbb
Member since Oct 2012
13261 posts
Posted on 5/16/20 at 8:46 pm to
quote:


If you're being paid for services, deduct the week earned. You'll need to consult your state UI office to see how the want it reported if you're selling things thoug


Its for professional services, no sales involved.
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
299716 posts
Posted on 5/16/20 at 8:47 pm to
If you have traditional wages, they will not use self employment wages to figure your benefit, and it could make you ineligible.
Posted by tigersbb
Member since Oct 2012
13261 posts
Posted on 5/16/20 at 8:48 pm to
quote:


If you’re getting W-4 wages then your state unemployment commission has access to those amounts and will apply whatever rules they have on variable income for you. W-4 wages will make you eligible for regular unemployment insurance, as opposed to a 1099 who is not.


I am compensated by only one client as a W-4 , all else is 1099.

My undrestanding is 1099 or gig employees are now eligible during the coronavirsus shutdown.
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
299716 posts
Posted on 5/16/20 at 8:51 pm to
quote:

My undrestanding is 1099 or gig employees are now eligible during the coronavirsus shutdown


Only if you have W4 wages or have filed a Pandemic Unemployment application?

If you have enough W4 wages to qualify, be very careful how you report self employment.
Posted by texashorn
Member since May 2008
13122 posts
Posted on 5/16/20 at 8:52 pm to
They’re giving Disaster Unemployment Assistance which has been around for a bit through FEMA ($207 to more than $500 week) to self-employed in Texas, in addition to the new $600 Pandemic Assistance.

They ask for proof of self-employment monies. You can send in your tax return.

Would this guy be triple dipping by being eligible for all three? Legally, of course.

All three being traditional unemployment insurance tied to W-4 wages, DUA for self-employed and PUA 600 for both.
This post was edited on 5/16/20 at 8:54 pm
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
299716 posts
Posted on 5/16/20 at 8:54 pm to
quote:

Would this guy be triple dipping by being eligible for all three? Legally, of course.


Can only qualify for pandemic if ineligible from regular UI. The software works together.
Posted by texashorn
Member since May 2008
13122 posts
Posted on 5/16/20 at 8:57 pm to
That’s right. Wouldn’t be eligible for DUA, either.

Sounds like the OP is going to get screwed.

Read this about Texas, OP. Remember that work-search requirements are suspended in Texas (I don’t know where you are).
quote:

The TUCA does not distinguish between part-time and full-time employees in terms of coverage under wage reporting and claim-filing laws. Employers must report the wages of all employees, both part-time and full-time, to TWC. Likewise, there is nothing special about part-time status that prevents an individual who was last employed on a part-time basis from filing an unemployment claim. However, if an employee loses her part-time position with a company and files an unemployment claim, she will be ruled ineligible for UI benefits if she is available only for part-time employment. One of the basic eligibility criteria is that claimants must be available and actively searching for full-time employment, and another provision of the law disqualifies a claimant who refuses an offer of suitable full-time work without good cause (see the following article, "Unemployment Insurance Law - Eligibility Issues"). Claimants who have been through the system before sometimes tailor their statements to the agency in order to fit those criteria - they will say they are available for full-time work, even though they might rather work only on a part-time basis. Even if a former part-time employee manages to convince a claim investigator that they are available for full-time work, their UI benefits will be based upon the relatively low wage levels they earned in the part-time job. UI benefit levels are not very appealing in any event (as of October 1, 2014, a maximum of $465 per week even for the highest earners; the minimum is $64 per week), and benefit levels for former part-timers would be lower still, so most people do not have a great incentive to keep drawing benefits after a few weeks unless they genuinely cannot find suitable new work despite their best efforts to do so.

LINK
This post was edited on 5/16/20 at 9:15 pm
Posted by bigpapamac
Mobile, AL
Member since Oct 2007
22611 posts
Posted on 5/16/20 at 9:19 pm to
Pretty sure 1099 employees are eligible for the $600 federal payment
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
299716 posts
Posted on 5/16/20 at 9:35 pm to
quote:

Pretty sure 1099 employees are eligible for the $600 federal payment


Through PUA, and if they don't qualify for UI.
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
299716 posts
Posted on 5/16/20 at 9:37 pm to
quote:

Remember that work-search requirements are suspended in Texas (I don’t know where you are).


This is starting to change n AK.

On extended benefits you'll be ineligible for the entire benefit year in any state if you miss one work search.
Posted by soccerfüt
Location: A Series of Tubes
Member since May 2013
76219 posts
Posted on 5/16/20 at 9:41 pm to
quote:

If I receive ,say $1500 dollars this week for work I did in April and I physically work only a few hours this week and earn $300 I am not eligible.
In this specific example, you are eligible for unemployment if your next month’s earnings fall below 23.33% of the previous month’s $1,500.00 threshold.























Posted by texashorn
Member since May 2008
13122 posts
Posted on 5/16/20 at 9:41 pm to
Yeah, Texas too. I’m just not sure how they will fit that around people who have been furloughed and expect to come back to their previous job/contracted position.
Posted by tigersbb
Member since Oct 2012
13261 posts
Posted on 5/16/20 at 10:00 pm to
quote:

Read this about Texas, OP. Remember that work-search requirements are suspended in Texas (I don’t know where you are).


Thanks to all for great information. It seems my case is a little more involved than if I simply worked for one company , either part time or full time and was laid off or furloughed .

I am in Louisiana.

I am actually still doing work for all clients, albeit on a reduced basis for all.


Historically, about 65% to 75% of my income has been from the one company which pays me as a W-4 employee. I work for them as needed , no defined hours, just complete the assigned tasks and they in turn bill their clients for the work. They pay me monthly based upon my hours for the preceding month.

The other companies pay me as a 1099 based upon hours billed. I also control my hours and complete similar tasks as the W-4.

In a given month I may bill 130 to 150 hours as described above.

Since the shutdown billing is down 50 to 60%.

If eligible the UE would be for a reduction not total loss of income.

If eligible what time frame would it be based upon.? Is it last quarter, six months, last year. Its doubtful I would qualify for the max, but any amount helps.

I have nof filed 2019 taxes so all I can produce is my w-4 and 1099 documents if eh base period extends to last year.

Is there a scenario where I might make too much for state UE but qualify for the federal emergency benefits?

Anyone received UE under a similar basis?

Posted by tigergirl10
Member since Jul 2019
10764 posts
Posted on 5/16/20 at 10:01 pm to
They ask you if you earned any money this week.
Posted by tigersbb
Member since Oct 2012
13261 posts
Posted on 5/16/20 at 10:51 pm to
quote:

They ask you if you earned any money this week.


Regardless of whether it is paid a month later , its what was actually billed to another party?
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