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  1. #1
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Unemployment Eligible if Misclassified Ic

    OK, then, it's possible, but it's not carved in stone.

    Excuse my bluntness, but you've been "misclassified" for 6 years and NOW you think you should be able to quit and receive UI benefits because you can't work the hours due to personal reasons that will get you your same compensation?

    Self-employment tax is not an "ambiguous amount". It's 15.3% of earnings and that's what it IS, Social Security and Medicare tax.

    Why didn't you just report this employer 6 years ago?

  2. #2

    Default Re: Unemployment Eligible if Misclassified Ic

    I was not aware that what was being done, was actually illegal. Your not being blunt, and I do appreciate your help. I brought it up once before to them, and they had some answer that at the time sounded legit. In regards with my hours, when I state I am unable to work the hours requested, I still work 45, not the newly imposed 47.5. Yes I'm still aware that I'm not working the hours instructed, but I do not see the harm in not working an extra 2 hours will do to my case. Since I'm not being paid any overtime, for anything over 40.

    I was not aware that there was even anything as a misclassification. Until I got married and my husband filed our taxes joint and brought it up to me then.

    I do not think I can just quit and get paid for it since I was misclassified. But unfortunately in Michigan it is difficult to find employment, and was inquiring to see if I did quit due to misclassification and CANNOT find new employment in a timely manner if I would be eligible for UB.

  3. #3
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Unemployment Eligible if Misclassified Ic

    I think you'd have an uphill battle. The state would want to know why you hadn't availed yourself of the legal recourse you had, i.e., reporting the employer to the appropriate agencies, such as the IRS, state Dept of Revenue, state Unemployment Commission, state Worker's Comp Commission.

    Have you completed and submitted an SS-8 to the IRS? You can get it on the IRS website.

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Unemployment Eligible if Misclassified Ic

    Quote Quoting PattyPA
    View Post
    OK, then, it's possible, but it's not carved in stone.

    Excuse my bluntness, but you've been "misclassified" for 6 years and NOW you think you should be able to quit and receive UI benefits because you can't work the hours due to personal reasons that will get you your same compensation?

    Self-employment tax is not an "ambiguous amount". It's 15.3% of earnings and that's what it IS, Social Security and Medicare tax.

    Why didn't you just report this employer 6 years ago?
    But there are administative remedies for being classified incorrectly; I would imagine the UI would require these to be performed.

    You can call your local/state DOL to see about getting back pay (I think they can go back 3 yrs) for all the OT that you workd. Assuming you were not classified correctly. Go and read the FSLA and highlight to the DOL where you were improperly classified.

    They can switch you from exempt to non-exempt & adjust your pay scale.....so I don't think you could quit & collect UI ... best bet is to get your possible backpay ...

    Are you a W-2 employee or a 1099? I don't know if a 1099 worker ahs the same rights as a W-2 employee ... call DOL & find out. Post back.
    Information needed for DOL to make a determination include: the work that you do , education of you, education of you boss, if your work output is dependant upon time. The DOL will usually contact the employer and ask for the backpay & they can object & then an admin hearing is held.

    Contact your DOL.

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