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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27889
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Hi, I am currently collecting unemployment benefits and

Customer Question

Hi,

I am currently collecting unemployment benefits and was recently offered a full time contract position on a 1099. It's commission only.

My unemployment benefits run out at the end of this year.

I have a couple of questions.
Since this is a commission only independent contract position am I still eligible to receive the unemployment benefits?
Secondly, in the event that this job opportunity doesn't pan out would I be able to still collect unemployment benefits?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.

Good afternoon Scott,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

Be very careful about considering taking a commission position as a 1099 employee. As soon as you do that, because you will be working full time, RDD will terminate your benefits, and you will not have the opportunity to change your mind later, quit the position because it is not working out and re-qualify for unemployment benefits.

Unless this position is essentially a guarantee---which commissioned 1099 positions are almost never----then you are much better off passing on the "opportunity" and continue looking for a position that has some income guarantee in trade for your permanent loss of benefits from unemployment.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

You may reply back to me using the Reply to Expert link if you have additional questions.

Please understand that I have no control over the how the law impacts your particular situation. Please also keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

I wish you the best in your future.

Doug



Expert:  LawTalk replied 1 year ago.
Good evening Scott,

I wanted to thank you for using JustAnswer, and to inquire whether my answer to you was helpful to your understanding of the law, as regards XXXXX XXXXX

Is there anything else that I can assist you with, please feel free to ask. If you do not require further legal information at this time, please feel free to bookmark my profile so you can request me when you do have another question. Here is a link to my profile: http://www.justanswer.com/law/expert-lawtalk/

Thank you very much and take care.

Doug
Customer: replied 1 year ago.

Hi Doug,


 


I've decided to take their offer. I know it's a gamble, but I'm hoping it will pay off. Except for the 1099 status and no base pay, I really like what I see because the potential for making money immediately is there.


 


That being said, if it doesn't go according to plan is there a way I can legally continue to collect my unemployment benefits while working there to hedge the risk I'm taking? For instance, would I be able to work part time and still be eligible to collect unemployment as long as I continue to look for work?


 


Also, what is the maximum hours I could work to be considered part time still?


 


Thanks.


 


Scott

Expert:  LawTalk replied 1 year ago.

Good morning Scott,

If you are able to still continue looking for a paying full time position, then you may be able to continue to receive unemployment.

As you are already receiving benefits and if you choose to begin self employment ---on your next certification for benefits you should list self-employment as the employer and "still working" on the certification forms and indicate the number of hours you worked that week. You do not identify the company or companies that you did self employment work for.

Alternatively---and I would suggest this first----contact EDD, tell them that you are going to try a self employment position and you need an interview to determine continuing eligibility.

Either way---you will almost certainly be required to have an interview to determine continue eligibility.

I will tell you that if you are doing more than about 20 hours a week of self employment, there is a pretty good chance that you will not qualify for unemployment. So do think this through very carefully. Ask to speak to other people who have recently come to work for this company and speak with them. While there is an upside to your job offer----if the money does not come in pretty quick, and you lose your benefits, it could be a financially devastating blow to you.

Here is an article by someone with some experience in dealing with EDD in this situation, and what they saw in terms of qualifying for unemployment.

http://www.gather.com/viewArticle.action?articleId=281474979130827



If you have additional questions, you may reply back to me using the Reply to Expert link.

Please also keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.


I wish you the best in your future.

Doug


LawTalk, Attorney
Satisfied Customers: 27889
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and 2 other California Employment Law Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.

Thank you for your positive rating of my service, Scott. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It would be tremendously appreciated.

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LawTalk
California Employment Lawyer
27889 Satisfied Customers
I have 30 years of experience in the practice of law, including employment law and discrimination law.