Can you collect unemployment if you have a job but they are not paying you?

Answer 1

It depends. Many, if not all, states designate employers as qualified or not as to whether they are required to pay payroll taxes to the state. Persons on commission only basis (independent contractors, real estate and insurance sales people, government employees, etc.) may not be eligible for unemployment benefits. Check with your own state's employment security office for clarificatlon. However, if they ARE required to, then you probably will and the state would go after the employer for non-compliance.

Answer 2

I believe that is law that an employer has to pay into unemployment; it is supposed to be part of the taxes they have to pay. But, i have heard of some employers not paying. My uncle was in a situation where his employer did not pay into unemployment, and he could not collect it when the employer closed. So, I think the answer is "No, you cannot collect unemployment if your employer does not pay into it."

Actually, if your for-profit employer hasn't been paying into taxes they are supposed to, the wage investigation unit of your state's unemployment office will go after them to pay the back taxes. It will take awhile, weeks to months, but they will get the money reported to unemployment. Generally, if they aren't paying unemployment they aren't paying your other taxes as well and you'll find out when you don't get a W-2 in January. Because if an employer is paying you via a W-2 then the wages get reported to unemployment.

If you're an independent contractor on a 1099 than that is a totally different situation and you may still be able to collect unemployment but they have to determine if you are technically an employee under the paying state's laws first. Some states make it very hard for employers to consider you a contractor, regardless if you're paid on a 1099, since it's just another way for them to try to cheat the system.

Answer 3

Yes, but ONLY if you had worked for that previous employer during the current base period (in most states this is in the first 4 of the last 5 completed calendar quarters), AND had qualified for the benefits when you left THAT job. In most circumstances, the answer would be no, you couldn't. Also, if the employer had not merely paid into the system, because the state does the paying, you might still collect. Bear in mind, however, some employers are exempt from the payroll taxes due to the industry their in, etc., so that has a bearing, too. Check with you own state's employment office for clarification.

Answer 4

First you need to clarify what working at a job that's not paying you means. Are you an intern? A volunteer? A commission-only employee who isn't making any sales? Usually someone uses one of these terms instead of "working at a job that doesn't pay me" because that completely makes no sense. Why would anyone "work" without getting paid unless they are one of the three options I mentioned.

So if you are a commission-only employee and aren't making any sales, then no, you can't collect unemployment unless you are only working part time. If you are putting in a 40 hour week or more but not making any sales, that's the price you pay for being in commission-only sales. You don't get to collect unemployment until you make a sale. You are taking yourself out of the job market to spend 40 hrs there and that is the way you choose to work, by commission, because in some cases this can really pay off and you make more than you ever would on salary. But because you chose that option but aren't making any money does not mean you are unemployed.

Same goes with an intern. If you are putting in a 40 hour week at an internship that is your choice and you are not "unemployed". You are taking yourself out of the job market to intern instead. If discovered you could be found to be collecting under fraudulent circumstances.

Answer 5

Some businesses, because of the nature of their business, are exempt from paying unemployment taxes to the state they do business in. This may be political or difficult because of how the business operates. If they are liable, however, to pay because they are not excluded, the state should be notified in case they are committing some type of crime, fraud, or civil penalization activity.

Answer 6

You don't have to be laid off to get unemployment. Some states allow partial benefits if your wages were substantially reduced from your original pay scale. Many work related issues open the possibility for unemployment compensation - it depends on the state you are working in. That being said, a worker does not qualify for unemployment benefits merely because his pay scale is too low for his needs.

Answer 7

Sorta. If your last employer never paid you, then it never paid UI tax on you to the state UI agency, and the employer owes you nada.

In that case, the UI agency will look to any PREVIOUS employer's tax records to see if anyone ever paid UI tax on you. They will then notify those former employers that your UI claim will be charged against them - even if you quit - unless they protest.

They will protest, and your beneis will be denied.

Answer 8

It's possible, but that depends on your state's guidelines. Generally, in most states, you can't draw unemployment if the employer fired you for good reason. However, if you believe their reason was unjust or discriminated against you, then you can appeal the decision and the Unemployment office will make a decision either way.