Unemployment for 1099 prego person?

michr

there is no such thing as a "1099 employee"
you are an independent contractor not an employee.

to draw unemployment insurance an employer must have paid into the fund and you must have been employed, that did not occur in your position. there are other options for assistance and you should seek them out. apply for unemployment but don't expect to get it.

eligibility requirements:

Have received enough WAGES during the base period to establish a claim
Be totally or partially unemployed
Be unemployed through no fault of his/her own
Be physically able to work
Be available for work which means to be ready and willing to immediately accept work
Be actively looking for work
Meet eligibility requirements each week benefits are claimed

Doctor Deth

if you were a 1099 person, you cannot file for unemployment because no one paid into the system on your behalf, plus the pregnancy might disqualify you - you have to be willing and ABLE to accept any reasonable job offer - some places let you go on disability for pregnancy leave - does your company offer - that along with FMLA would reserve your job for up to 12 weeks - file for welfare and foodstamps asap

Judy

There are a variety of issues here.

First of all, you very likelly aren't legally an independent contractor, but are an employee. There is no such thing as a 1099 employee - you are one or the other. If you are paid hourly, work on their premises, and they tell you what hours to work, then you are an employee, not a contractor. You can file IRS form SS-8 and ask for a determination of which you are. If you are waiting tables, then you are legally an employee, and they are just illegally claiming that you are a contractor to get out of paying employer taxes on you.

As for unemployment, employees can be eligible, but contractors (1099) are not eligible. And unemployment is one of the employer taxes they aren't paying. You can apply, but will most likely be turned down. You need to tell them that you were misclassified, should have been classsified as an employee but weren't. That might start an investigation going, and your employer might end up getting assessed for the back taxes. But don't count on it.

Good luck.

Small town mom from the city

If your contract was open ended, then you are probably eligible for unemployment, but most states require former workers on unemployment be actively job hunting. My state required three applications per week.

If your contract had a completion date (ie to complete a project) you are considered a temporary employee and not eligible for benefits.

Remember that food stamps are available to low-income, even if you're not on "welfare."

It may be painful to your pride, but if you cannot get unemployment, this is the kind of situation "welfare" (temporary assistance for needy families aka TANF) was invented for, not for people to live on permanently! If you have a child under the age of 2 or are pregnant, you should be eligible for WIC, monetary benefits and food stamps long enough for you to recover from pregnancy, bond with your child and get your child into child care. You would be allowed to stay home until your child is almost two years old which, sadly, you may need, considering the current job availability in this economy. Jobs are few and far between, even for qualified and motivated individuals.

You didn't say if you are married, with the father, or single. If you are single, you need to consider getting child support from the father. If you need to go on assistance, they will require it.

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