Independent contractors don’t qualify for jobless benefits
Published 4:00 am Wednesday, February 24, 2010
Q: My husband is an independent consultant with his own business. He had a long-term contract that ended in August 2009. Since then he has not been able to pick up any new work, certainly not for a lack of trying. After asking several people, attorneys and accountants about his eligibility (for benefits), we have gotten several different answers and are confused. The majority answer seems to be that he is not eligible so he has not even tried to file. We don’t want to “play the system” and have never been on any public assistance in our lives. But the proverbial “six months’ rainy-day money” is starting to run out. While I am still employed, my salary has been cut 20 percent. Are there any provisions in place to help jobless, self-employed consultants?
A: The majority opinion is correct. Independent contractors don’t qualify for unemployment benefits because they aren’t covered by labor laws.
What’s more, employers pay taxes to fund the unemployment insurance benefits program, which covers their eligible employees. As an independent consultant, your husband is his own employer.
Employers sometimes incorrectly classify their own employees as independent contractors, even while the companies continue to control such things as when and how employees will perform the work. But since your husband has his own business, that isn’t likely an issue.