ljHoffman, Esq - Unemployment Law

***The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. ___________________________________

Can a student collect UC

12/09/09

Students usually face two very difficult obstacles in applying for unemployment compensation. First, they must establish that they are financially eligible for benefits, i.e., that they earned sufficient wages in the first four of the last five quarters n3 to qualify for a weekly benefit rate; students usually, but not always, have such a sporadic attachment to the labor market that they are unable to meet this burden. Second, although the former rebuttable presumption that students are unavailable for work while they are in school is no longer applicable, students still must answer the question of whether they are willing to quit school in order to take a job; if the answer is in the negative, the students will be considered unavailable for work under Section 401(d) of the Unemployment Compensation Law, 43 P.S. § 801(d). Contact our office to allow us to help you determine if you qualify.

Are you an Independent Contractor or an Employee

12/07/09

You may be classified under the IRS guidelines as an Employee even if you have a contract that provides otherwise. If you are considered to be an employee instead of an independent contractor, you may be eligible for Unemployment Compensation Benefits. Please contact our office to allow us to help you determine if you qualify.

http://www.dli.state.pa.us/landi/cwp/view.asp?a=358&q=236477

www.ljhoffman.com/1099test-Secured.pdf

Can I work while receiving unemployment

12/06/09

Yes, but it must be properly reported as either partial benefits or a sideline business. Please contact our firm to find out if your activities qualify for reportable income under the laws.

-Partial Employment - To be considered as "Unemployed." — An individual shall be deemed unemployed

(I) with respect to any week (i) during which he performs no services for which remuneration is paid or payable to him and (ii) with respect to which no remuneration is paid or payable to him, OR

(II) with respect to any week of less than his full-time work if the remuneration paid or payable to him with respect to such week is less than his weekly benefit rate plus his partial benefit credit.

-Sideline Activity - Claimant is not ineligible if his self-employment involves a sideline activity which does not substantially change. The sideline activity proviso of Section 402(h) precludes disqualification if the following conditions are met:

(1) the self-employment precedes valid separation from full-time work;

(2) it continues without substantial change after separation;

(3) the claimant remains available for full-time work after separation; and

(4) the self-employment activity is not the primary source of the claimant’s livelihood.

Do I lose any of my benefits by generating an income

12/06/09

Not necessarily. Your Notice of Financial Determination will provide you with your "maximum benefit entitlement. The value indicated on your Notice must be collected within the calendar year, otherwise you will forfeit the benefits. If a claimant does not work or has not established a sideline business then the entitlement value will be exhausted within 6 months. However, if the claimant works or establishes a sideline business and has properly reported any income generated the value above the qualifying amount for partial benefits will be deducted from your payment received. This deduction is not lost. Instead, the money has not been collected by you and therefore remains in your account until the maximum value is exhausted.

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***The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.