Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law
This answer was rated:

jb UNMPHREY I AM ON UNEMPLOYMENT AND I JUST APPLIED FOR A BUSINESS

CERTIFICATE AND A EIN NUMBER...
jb UNMPHREY I AM ON UNEMPLOYMENT AND I JUST APPLIED FOR A BUSINESS CERTIFICATE AND A EIN NUMBER AND I HAVE THIS NUMBER NOW I READ THE UNEMPLOYMENT WEB SITE AND IT SAYS THAT BEFORE I APPLY FOR TAX FED ID EIN NUMBER I NEED TO CONTACT UNEMPLOYMENT TRUE OR NOT AND WHERE DO I GP FROM HERE I AM SO WORRIED
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 6 hours by:
2/20/2013
JB Umphrey
JB Umphrey, Lawyer
Category: Employment Law
Satisfied Customers: 20,233
Experience: Assisting employees and employers for over 14 years.
Verified
Welcome and thank you for your question!

When you earn money from your business (i.e., your income is more than your expenses), you need to report that to unemployment.

Simply let unemployment know that you're opening your own business but you haven't earned any money yet.

Nothing to worry about. Just let them know.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

~~ J.B.
Ask Your Own Employment Law Question
Customer reply replied 4 years ago
Relist: Incomplete answer.
Please answer in detail this isa nys law that needs to be answered
According to the NY Department of Labor, you should tell the Telephone Claim Center before you take any steps to start a business. Unless you are part of the Self Employment Assistance Program (SEAP), these activities may result in the loss of unemployment insurance benefits. See more information on SEAP at this link (and how you can enroll in it: http://www.labor.ny.gov/ui/claimantinfo/specialprovisions.shtm#SP1.

The Department of Labor considers you employed if you operate or start a business:
By yourself
With a partner or
In a corporate arrangement
If you spend time during the day or evening or on weekends getting ready to start or actually operating a business, the Department may consider that as work. It does not matter if you have not made any sales or received any compensation.

I hope this helps to clarify things!

~~ J.B.
Ask Your Own Employment Law Question
Customer reply replied 4 years ago

I know but i already started the business technically so what will unemployment do now do you think I will cancel the ein number and the business certificate and wait to start a business if that is the case, i also am concerned about letting them know i read an article you wrote that answered a question for someone else that said that unemployment cannot find out about a ein number I am worried and do not know what to expect

As a matter of practicality, one cannot unring a bell that has already been rung. There's no harm in putting a pause on everything right now and just contacting SEAP on Monday to get enrolled in the program.

~~ J.B.
Ask Your Own Employment Law Question
Customer reply replied 4 years ago

I would rather put in on hold and take all back, I decided against opening the business and what can i say to unemployment without jeopardizing my unemployment I am concerned that they will take my unemployment away if i call and tell them do you know of cases in NY that this has happened or no.


 

If it is your plan to just not operate a business, then that is a basis for you to just cancel everything and be done with it. There would be no jeopardy.

~~ J.B.
Ask Your Own Employment Law Question
Customer reply replied 4 years ago

the ein number i can write a letter to let them know that i want to cancel it however, they just close the number it remains assigned to that business


and the business certificate i will call tommorrow and try and cancel it


should i still let unemployment know or what should i do i am concerned


i have always been honest but i am worried this is the only income i have for my family

You can let them know if you want. Then they're going to want to know why you canceled and I don't know what explanation you'd give them. From the facts you've described, no business has been active so there really is nothing to report.

~~ J.B.
Ask Your Own Employment Law Question
Customer reply replied 4 years ago

no what i did was open a business certificate and get an ein number


my boyfriend has a chop and i figured i could put this in my name he just opened a place but no work at all i did not know that i would jeopardize my unemployment like this if i would have known then i would not have done any of this i just did it last wed so it is all new i found out i can cancel the business certificate and write a letter about the ein in which they will close the number however this number remains lined to the name, no i have no activity with this i am so scared have not slept for a week can they find out about the ein number i saw that you had answered someone that they couldnt i am still actively looking for full time work, i am trying anything i go to school at night so i can get a cna license totally diff field then i was in sorry to bombard you need advice. what will they do if they see that i cancelled do they still remove my unemployment it says fraud i am scared thank you so much i need to put my mind as ease.

You are most welcome. I hope that you found this information to be informative. Please do not forget to click on excellent service feedback so that we are credited for assisting you.

~~ J.B.

~~ J.B.
Ask Your Own Employment Law Question
Customer reply replied 4 years ago

i am going to close everything and then actively look for work same as usaul if can they find out about my ein number and what can i say to them if they find out, i do not want to open a can of worms please advise clearly

You can tell them the truth. You can tell them that you were not aware of the need to inform them before having done it and then you later had a change of heart and closed it all out and opted to continue with your job search.

~~ J.B.
Ask Your Own Employment Law Question
Customer reply replied 4 years ago

good idea can they stop the unemployment for this reason what do you think have you heard of cases like this maybe i am getting my self worked up for nothing confused

At this juncture, you are getting yourself worked up. Keep in mind, that not all of their "cases" are public decisions. It's not possible to consult an independent resource and say: oh yes, this person lost their benefits for doing that.

From the facts you've described, you've done nothing to intentional defraud them of benefits and you've acted in good faith. Just take a breath.

~~ J.B.
JB Umphrey
JB Umphrey, Lawyer
Category: Employment Law
Satisfied Customers: 20,233
Experience: Assisting employees and employers for over 14 years.
Verified
JB Umphrey and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Ask JB Umphrey Your Own Question
JB Umphrey
JB Umphrey
JB Umphrey, Lawyer
Category: Employment Law
Satisfied Customers: 20,233
20,233 Satisfied Customers
Experience: Assisting employees and employers for over 14 years.

JB Umphrey is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

20,233 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I requested a hearing because the Labor Dept. is accusing me
Hi, my name is***** requested a hearing because the Labor Dept. is accusing me of collecting unemployment while I was working, which is not true. As a result they are requesting me to pay back $2,175.… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Labor Law in Georgia question.A Georgia employee gives a 2
Labor Law in Georgia question.A Georgia employee gives a 2 week notice. Does not have a contract. Has worked one of the 2 weeks however, with the holiday break happening the second week of two week no… read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
I have a question about unemployment. But that's not the
yes. But that's not the issue. The issue is I have a complicated situation and I need to know if I can get unemployment … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I need a labor law attorney. No applicable. It is a
It is a contractual relationship and not an employment relationship … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,289 satisfied customers
I was recently off and an expecting to collect unemployment.
Hi - I was recently laid off and an expecting to collect unemployment. However, there is a chance that I may be able to do some contract work with a law firm for several months. the contact at the fir… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,312 satisfied customers
Can you answer questions about unemployment insurance
Hi can you answer questions about unemployment insurance appeals … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I am on unemployment insurance in california. Can my prior
I am on unemployment insurance in california. Can my prior employer ever see my job search forms I sent to the Government? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
In Texas, is it acceptable for one to collect unemployment
In Texas, is it acceptable for one to collect unemployment benefits when a severance has been issued. The contents of the severance indicated that I am eligible for unemployment. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Does the Labor Management Reporting and Discloser Act cover
Hello Does the Labor Management Reporting and Discloser Act cover public employees such as NY state troopers, if it does not could you please guide me in the right direction for a cause of action I co… read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
The department of labor is claiming we need to back pay
the department of labor is claiming we need to back pay employee's lost wages for time that was never reported. all hours reported by the employee's were paid. how can the employer be held accountable… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Presently, I am collecting unemployment insurance in the
Good evening. Presently, I am collecting unemployment insurance in the state of AZ. Employer challenging the decision for me to collect. I am scheduled to attend a telephone hearing on Dec 4. Will it … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,372 satisfied customers
Nj Depart. Of Labor asking for refund of Unemployment
Nj Depart. Of Labor asking for refund of Unemployment Benefits from 2015 because I resigned from my parttime job., but I was awarded Benefits because my full time employer let me go. This request for … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
I am on unemployment insurance and thought I found a good
I am on unemployment insurance and thought I found a good job but it turned out to be a very uncomfortable place to be. I only showed up 3 days before I could see it wasnt going to work out. I am now … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I got notice of a NY dept of Labor unemployment audit for 2
I got notice of a NY dept of Labor unemployment audit for 2 years. Had one in '12 due to Me not paying unemployment as an S corp owner. Let go my bookepper almost a year to the day yhis week. Been doi… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
My question is about Illinois Unemployment Insurance. In
My question is about Illinois Unemployment Insurance.In late Feb 2017 I was let go from a position and was granted unemployment insurance. A old business acquaintance of mine offered some contract wor… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,356 satisfied customers
I have received a notice of NY state unemployment insurance
Hello. I have received a notice of NY state unemployment insurance PHONE hearing (as claimant), which stipulates all documents intended to be offered into evidence must be submitted via fax or mail at… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,356 satisfied customers
This is about unemployment insurance. When you either leave
This is about unemployment insurance. When you either leave your job or get fired and file for unemployment, will your ex employer tell them the reason your not there anymore?… read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
I applied for Unemployment Insurance Benefits and had
I applied for Unemployment Insurance Benefits and had resigned under pressure by employer with the alternative either to be terminated (and would loose my license to the Board of Nursing in the State … read more
socrateaser
socrateaser
1,031 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x