California Unemployment with or Without 1099

[edgare]

My question involves unemployment benefits for the state of: CA

I worked as a waiter and was paid cash not unemployed did show income on my own taxes. But it was more of a cash thing with employer. Can i collect unemployment in this case? i might be able to get 1099 out of employer but i don't have it now. I did however show income on my yearly tax statements. Live in California so if you know please let me know.

Thanks

[PattyPA]

File immediately. You were an employee and the company was in violation of tax law by not reporting your wages for unemployment purposes (and a number of other laws, but we'll not get into that now). You will initially be denied because, according to EDD records, you will not have any eligible wages, and you respond that "I wish to appeal" and there will be a hearing/interview with both you and the company, probably by phone.

The employer will come back and say "he wasn't an employee" and you will come back and say "I WAS an employee, I was misclassified as an independent contractor". Then the EDD will make a determination. In the meantime, look at this IRS publication and relate your situation to each component, so you'll have the correct argument when the time comes.

For example:
1. You did not set your own hours.
2. You were told what to do, when to do it and how to do it.
3. You were provided with the tools to do your job.
4. You could not hire someone else to do your job; you had to do it personally.
5. You could not make a profit or incur a loss based on your work.
Etc.
http://www.irs.gov/pub/irs-pdf/p1779.pdf

Unfortunately, this is going to delay your benefits.

[edgare]

Thank you!!!