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Question: Employment and Labor - Virginia

Asked on 11/6/2009
Should I proceed with appeal process with VA Employment Commission if I was contractral with a Foster Care Provider agency?
I applied for unemployment benefits and was denied saying there was not record of my employment. I responded that I did indeed work 24/7 for the past 6 years for two different Foster Care Provider agencies. I received 1099 forms for 2003-2006 however they stopped issuing a 1099 for 2007-2008 due to ruling. My salary fell under the IRS code 131 which meant my income was tax exempt. Since I did not file taxes (althought the IRS had to be fought each year to prove this status even when their agents were the ones filling out the 1040s for me) there is now no record of my being employed althoug

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Answers (1):

B. B., Member in Good Standing of the New Jersey Bar


The employment records that are used by unemployment are based on what the government gets from employers, copies of forms W-2 and unemployment insurance taxes (employee and employer contributions).  When you were being paid on a 1099, there were no unemployment taxes being taken out and so unemployment never heard anything about you, or got any taxes for your account.  I'm not sure how your status for 2007-2008 affected this, but it sounds like it might have worked out the same as with the 1099:  if you weren't having unemployment taxes taken out of your income, as far as unemployment is concerned you weren't working, just like all the other self-employed people out there.



  • Answered on 11/6/2009
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