Can A Business Owner File For Unemployment
When a crisis strikes, such as a natural disaster or a pandemic, many businesses may be forced to close. This would normally be because they dont fall under the bracket of an essential business. But this could also be due to decreased income or lack of available employees.
We have seen this recently with the coronavirus pandemic. Across the country, hundreds of thousands of Americans had to file for unemployment.
But if you are the sole proprietor of your business and you are forced to shut, are you eligible for unemployment benefits?
Well take a look at the rules and what your rights as a business owner are.
Heres What Well Cover:
If My Hours Are Reduced Or I Lose My Job Because My Employer Was Adversely Affected By Foreign Imports Can I Receive Any Additional Unemployment Benefits
You may be eligible for additional funds after your regular unemployment insurance benefits have expired, under the Trade Adjustment Act. Benefits could potentially include assistance for finding employment in a new area, training for a new job, or relocation to a geographic area where work is available. To receive these benefits, the Department of Labor must receive a Petition for Trade Adjustment Assistance- see your state unemployment insurance agency for information about this document. If this petition is approved, then you can file a claim with the US Department of Labor.
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Florida Unemployment Phone Number
If you need assistance filing a Florida unemployment claim online due to a language barrier, a disability, computer illiteracy, or for legal reasons, you can call 1-800-681-8102 for help.
The following are the primary Florida unemployment phone numbers. Call these programs to get help filing your Florida unemployment claim.
Department of Economic Opportunity: 1-850-245-7105
Reemployment Assistance Program Main Help Line: 1-800-204-2418
Benefits Appeals Assistance: 1-800-204-2418
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What Are The Requirements To Qualify For Unemployment Benefits In Florida
What are the requirements to qualify for unemployment benefits in Florida? To be eligible to receive FL unemployment benefits you must meet the following criteria:
- You must be either partially or totally unemployed and have lost your job through no fault of your own. This means you were not fired for malicious misconduct or that you quit for personal reasons.
- You must have earned the required minimum amount of wages during your base period. Your base period is the first four quarters that have been completed beginning 18 months prior to you filing a claim.
- You must be ready, willing, available and able to work. You must also be actively seeking work and be able to document your efforts.
Weekly Benefit Claim Requirements
Registering with the state job service and actively seeking work is a requirement while collecting unemployment in some locations. You must be ready, willing, available, and able to work. The job service may require job seekers to apply for jobs, submit resumes, and not turn down a position if it meets certain standards.
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Am I Eligible For Unemployment
Simply being out of work doesn’t entitle you to unemployment benefits. If you were fired because of misconduct or quit your job without good reason, you may not be eligible for unemployment benefits. While each state has its own eligibility requirements, many states consider how much money you earned in your job, how many hours you worked for the year before your unemployment, and the reason you’re now jobless.
The federal government has also taken the effects of COVID-19 into consideration. Under the CARES Act, eligibility requirements have changed to accommodate workers who lost their jobs because their employers closed operations due to the virus. People who are isolating and intend to return to work, or who left their jobs to avoid infection or care for loved ones, may also be eligible for unemployment benefits. You may also be able to file if you are a gig worker or freelancer, depending on your state’s requirements.
How Do You Appeal An Unemployment Benefit Denial In New York
If you are denied benefits for any reason, you have the right to appeal the decision by requesting a hearing in front of an impartial Administrative Law Judge of the New York Unemployment Insurance Appeal Board.
You can request a hearing online by sending a message to the state through your NY.gov account. You may also request a hearing by completing a Claimant Hearing Request Form and mailing it to: New York State Department of Labor, PO Box 15131, Albany, NY 12212-5131.
Your hearing request must be made within 30 days from the date of your determination notice. If a ruling is in your favor, you will be awarded back benefits for the period you waited for a decision. You have the right to bring an attorney to your hearing to represent you.
If you disagree with the results of the hearing, you can appeal the decision to the Unemployment Insurance Appeal Board. You must file that appeal within 20 days after the ALJs decision was mailed to you.
If you still disagree with that decision, you can file a further appeal with the Appellate Division of the New York State Supreme Court.
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Unemployment Eligibility As A Business Owner
As a business owner, you can face significant losses if you are forced to close due to circumstances beyond your control.
Your eligibility as the business owner to file for unemployment can rely on a number of factors.
One of the main factors is whether or not you have filed your business as a W-2 employer.
Your business would need to be a qualified employer. Meaning you pay into the unemployment programs via your taxes.
If you are, then unemployment insurance should be available to all W-2 employees.
The issue here is that owners tend to form their businesses without setting themselves up as a W-2 employer. They also tend to not set themselves up as a W-2 employee.
Most owners skip this step to save time and money. But it means that if you end up being in a position where the business has to close, you dont have the cushion of being able to file for unemployment.
Though it is important to note that the U.S. Department of Labor changed its requirements in the light of the COVID-19 pandemic. If you are set up as an employee, you may be eligible for unemployment if your business closes completely, but also if:
- The business closes temporarily due to COVID-19 related reasons
- You have to quarantine and are expected to return to work afterwards
- You have to leave your job because of the risk of exposure or to care for an ill family member
Apply For An Extension
Unemployment insurance benefits are temporary. In most states, you can get benefits for up to 26 weeks.
However, some states offer benefits for only 13 weeks or fewer.
If you have exhausted your regular unemployment insurance benefits and are still between jobs heres what you can do:
If your state is experiencing particularly high levels of unemployment, you may be eligible to receive up to 13 additional weeks or more depending on the state and the circumstances.
Furthermore, due to the COVID-19 pandemic, the federal government has programs that extend unemployment benefits beyond the state limits.
Check with your states unemployment agency for information on how to apply for an extension.
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What Do I Need To Do To Receive My Weekly Benefits
One of the most important Michigan unemployment requirements for maintaining your unemployment benefits is regularly showing that youre looking for new work. Michigan makes this easy through MARVINMichigans Automated Response Voice Interactive Network.
To collect benefits, youll be required to call MARVIN every other week to verify that youve been searching for new employment. You can check in with MARVIN by calling 1-866-638-3993. Hours are Monday through Saturday between 8:00 a.m. and 7:00 p.m. ET. Failing to call MARVIN could temporarily stop your benefits.
How Long Can You Receive Unemployment Benefits
Unemployment benefits don’t last forever. For most states, the maximum time you can receive unemployment checks is typically 26 weeks. In some states, it’s even less. However, under the CARES Act, eligible unemployed Americans can receive an extension of 13 weeks. This means that states like Florida and North Carolina, which have unemployment periods of 12 weeks, will now provide unemployment benefits for 25 weeks, and states that offer 26, like New York, will distribute paychecks for 39 weeks.
During the time you collect unemployment benefits, you are usually required to file weekly or monthly claims that report information about your job search. You may be required to apply for a minimum number of jobs each week, and you must report all job offers you receive.
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Avoid Unemployment Filing Scams
Unemployment benefit scams typically involve websites offering to file for unemployment benefits for you. The sites provide a form for unemployed workers to fill out to supposedly collect unemployment compensation. In other cases, phone calls or email may be used to solicit personal information from unemployed workers.
However, a third party cannot file for unemployment for you. Youre the only person who can apply for unemployment and your claim has to be filed directly with your state unemployment office. Make sure you’re applying directly on your state’s unemployment website before entering any personal information.
Other Options For Struggling Business Owners
If you didn’t hire yourself as an employee in your own business, there are some other ways to get financial assistance at this time:
- FEMA disaster relief
- Borrowing against your retirement accounts
Roberts suggests you think proactively now. “If you aren’t out of business, but see your business struggling, consider applying for a type of federal or state business loan now. The process is long, and the forms can be confusing. It’s better to have your application in than wait until you are completely out of business to apply. Remember, the programs are designed for businesses that have been economically impacted by COVID-19, not only for those that have been put out of business.”
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Your Work Search Responsibilities
To receive unemployment insurance benefits, you must seek work with at least three potential employers each week and maintain a detailed and verifiable record of your work search. If you cannot prove you looked for work, you may be considered overpaid and required to repay benefits.
Now That I Am Unemployed I Am Going To Move To Another State Am I Still Eligible For Unemployment Benefits
If you relocate permanently to another state, you are generally still eligible for benefits if you are actively looking for suitable employment in that state. However, states interpret the requirements for unemployment eligibility differently. Before permanently relocating, you should contact the unemployment offices in both your current and future states of residence and/or an attorney to determine the effect that relocation will have on your eligibility.
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If I Turn Down A Job Does That Mean I Am Ineligible For Further Unemployment Benefits
In order to receive unemployment compensation funds, you must not refuse an offer of a suitable job. Each state has their own definition of suitable so be sure to check your states individual unemployment laws. In most cases, aA suitable job is one that is reasonably equal , even though not identical, to the job you had before, even if it pays less and involves less responsibility. Whether the particular job is suitable depends on a number of factors such as the type of work, the pay, the distance from your home, and the shift you will be working.
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Whats The Difference Between Unemployment And Social Security
If youve been receiving Social Security Disability Insurance benefits, youre able to do so because of a medical condition that prevents you from being able to work. Unemployment benefits, on the other hand, are only available to people who were once employed but then lost their job due to a lay-off.
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A Brief History Of Unemployment
To fully understand the difference between standard employees and self-employed workers when it comes to unemployment compensation, it’s helpful to explore how unemployment insurance started. The roots of unemployment insurance can be traced back to the Social Security Act, which passed in 1935. The idea behind unemployment insurance is that it can limit the hardships people face due to temporary job loss.
The funds for UI benefits come from unemployment tax paid by employers. While initially employers only had to pay for unemployment insurance if they had eight or more employees, today any employer with even one employee must pay. The program is funded by the federal government but administered at the state level, which means that the exact details of weekly benefit amounts a person qualifies for or how the application process works varies from state to state.
The weekly benefits were initially limited to 16 weeks, though over time this increased to 26 weeks in any one-year period. More recently, extensions of 13 additional weeks or more have been made due to the COVID-19 pandemic.
Because unemployment is intended to partially replace wages lost, the amount paid to each claimant varies and is based upon what their previous income was. The exact calculation differs from state to state but always depends on what you made before losing your job.
Taxes On Unemployment Benefits
The Internal Revenue Service counts unemployment insurance benefits as income, so your check is taxable. Depending on the state, state and federal income tax can be withheld from your check. Keep all paperwork in order and make sure that you file income taxes, even if you were unemployed for all or most of the year.
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Respond To Questionnaires From The State Agency
Also, if there are questions about your eligibility for unemployment benefits, youll receive a fact-finding questionnaire from your states unemployment agency.
They will request additional information from you.
You must respond to this questionnaire by the deadline specified.
Failure to respond may result in disqualification from receiving benefits.
Respond to requests for information about your unemployment claim
Other Types Of Benefits And Programs For The Unemployed
Federal agencies offer many unemployment education and training programs. They are generally free or low cost to the unemployed.
Self-employment assistance programs help unemployed workers start their own small businesses. Delaware, Mississippi, New Hampshire, New York, and Oregon offer this program.
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Affidavit To Verify Lawful Presence In The Us
Georgia law requires that all applicants for UI benefits who are 18 years of age or older attest they are:
- a United States citizen, or
- a legal permanent resident, or
- a non-citizen legally present in the United States.
The GDOL performs electronic verification of your lawful presence in the United States with the Georgia Department of Driver Services . The DDS validates the identity of individuals who indicate they have a Georgia-issued drivers license or identification card.If completion of the affidavit is required, you must present valid government-issued picture identification to a GDOL representative to complete the affidavit and have it notarized. If you are not a citizen of the United States, you must also present acceptable, unexpired employment authorization document. The GDOL will verify your registration status with the U. S. Department of Homeland Security. You cannot receive benefit payments until your lawful presence in the U.S. is verified.
When filing a claim, you should have:
Use the GDOL automated telephone system, OLIVoR, to access additional information.
To Be Eligible For Benefits You Must:
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Learn How To File A Claim For Unemployment Benefits
- When filing for unemployment, remember that each state has its own wage requirements that determine your weekly unemployment payment.
- Under the CARES Act, eligible unemployed workers will receive $600 in addition to their state’s maximum unemployment benefits and a 13-week extension on their unemployment pay period.
- To file for unemployment benefits, make sure you have your driver’s license, Social Security number and former employer’s information on hand.
As the number of coronavirus cases increases, so does the number of out-of-work Americans. This has left millions of people scrambling to file for unemployment. However, many are confused about how to file for these benefits and how much money they are eligible for. Here are the basics on how to file for unemployment, who is eligible for the benefits and how much money you can expect to receive each week.