Can You Collect California Unemployment Benefits And Work As An Independent Contractor?
My brother-sister lost her job is to collect unemployment benefits, and now wants to sell real estate, as is its option to use only at this time. Can it continue to gain benefits when he sells real estate when he began his application? It would be an independent contractor and not an employee. Thank you.
No he cannot do both. There is no difference between being an employee versus an independant contractor. What would prevent ALL independent contractors from working full time AND collecting benefits? If he does do both, he is committing fraud and can/will go to jail for it.
The answer to your question is yes. When you apply for your weekly benefits it specifically ask you “Excluding self-employment did you earn wages in excess of ($$$)?” The answer would obviously be no since an independent contractor is not earning a weekly, bi-weekly, or monthly salary from any given organization. Those earnings would need to only be reported in your taxes. His self-employment DOES NOT have to be reported. If he were to secure another job even on a part-time basis those earnings would have to be reported.
CALIFORNIA UNEMPLOYMENT INSURANCE CODE
SECTION 1300
1300. The Legislature finds that the traditional system of
unemployment compensation is primarily designed to provide income support for workers who are temporarily laid off or expect to be unemployed for only a short time. However, increasing numbers of workers are losing their jobs permanently due to rapid technological change, elimination of trade barriers, and similar causes. These
workers need additional tools besides the basic income maintenance provided by the unemployment compensation system in order to reenter the workforce. For some of those workers, access to a self-employment program would be the best path for them to do so. Accordingly, it is the purpose of this article to authorize the payment of unemployment compensation benefits, and to provide appropriate training and support services, for eligible dislocated workers who wish to become self-employed in their transition back
into the workforce.
I am afraid the previous poster’s advisement is incorrect.
“Unemployment benefits” and “work” do not belong in the same sentence. So, no – this is illegal.
No, this is against the law.
if someone works as a full time independent contractor for a company for several years and they are laid off, paid a severence, can they collect unemployment?