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Illinois Unemployment and Independant Contractor

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  • Illinois Unemployment and Independant Contractor

    I am in a position where I just signed an agreement to recieve 4 months severance pay because of my company merging with another company. It was a raw deal they gave me right before Xmas. They want me to work a contact for a few weeks because they need me but I feel like leaving them high and dry.

    Will turning down an independant contractor opportunity deny me from recieving unemployment?

    Thanks

    Pete

  • #2
    Very possibly. However, this does beg the question of whether you can rightly be classified as an independent contractor. If you would be doing the same thing, with the same work rules, as you were doing before, you should still be classified as an employee.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      The bottom line is that turning down work, regardless of whether it should be as an IC or an employee, almost always disqualifies you from unemployment.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        Looked into this...

        As an idependent contractor, I pay my own insurance, taxes etc and bill them for my services as a business. I am never emplyed by them once I am laid off from the original company.

        I will not be employed by the company whatsoever at any time.

        This is not "work" that is being turned down. This is a business. How can they report anything to Illinois Dept of Unemployment when I will never be employed by this company in the first place.

        This is a small 3 week contract that they are offering and the price per hour that they are offering is under my current salary. I will be paid via a check with no taxes taken out but will be responsible to pay taxes next year at tax time if my business actually makes money this year...

        It does not make sense that I can be denied unemployment because if I worked a 1 year contract and then it ended I WOULD NOT be eligible for any unemployment because I was not working as an employee, so how can you say that they can deny me unemployment for turning down a contract????.

        Any other advice from someone who actually knows what a true independent contractor is? (someone who bills for their services and is emplyed by no-one).

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        • #5
          1) Signed severance agreement (4 months pay), employment terminated as of today. I was given instructions on how to apply for unemployment and told they would not dispute my claim, etc.
          2) old company i worked for is now part of a larger company
          3) new company wants me to work 3 weeks as an independent contractor in which I bill them each week for my sevices and recieve no benefits whatsoever and am not emplyed by the company. (this is not the first time I have worked as a contractor - I know what a contractor is and there is no question as to what I would be).
          4) I would be working to transition them and then when my 3 week contract is up thats it for me...

          Do you understand what I am saying here? I worked for 1 year once before as a contractor who pays his taxes at the end of the year (most use estimated taxes but I have many many writeoffs and do not need to). After my 1 year contract was up I COULD NOT get unemployment because I was never EMPLOYED. Same case here. How could it hurt unemployment when it could not even be used as a basis to earn unemployment if needed????

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          • #6
            Do you see what I'm saying here? If you are doing the same thing, under similar rules, etc., you don't qualify as an independent contractor anyway. Just because the employer chooses to treat you that way does not make it legal.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              You don't get to claim UI based on what might have happened in other circumstances. The fact remains that you don't get to turn down a job and then claim unemployment.
              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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              • #8
                The fact of the matter is that I will have to travel out of state for the contract, which I am not open to.


                So you are telling me that I cannot file for unemployment because some company from the east coast wants me to fly out there every week M- F and I am not open to it?

                Also, when you all are saying that its not legal to be an independent contractor because I am doing the same job (basically they are just cutting all my benefits like health vacation, etc.)? So what should I do when they offer me this contract? Tell them its illegal?

                Thanks... now I see what you are saying I think...

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                • #9
                  Those who give advice are for the employers - BEWARE their advice! IDES says I can file for unemployment reagrdless of rejecting a contractor agreement which is a BUSINESS and not a fricken job.

                  You people are are idiots and know nothing.

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