Should I proceed with appeal process with VA Employment Commission if I was contractral with a Foster Care Provider agency?
Question Details: 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
Employment and Labor Law Answers
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.
Related Employment and Labor Questions
- What is an adoption agency?
- What is the process for appealing decisions of administrative agencies?
- California Unpaid Family Leave
- How is the appeal process and how does it work? What is an appellant?
- I work on commissions. My employer fired me and said that I am not entitled to any further commissio...
Didn't find your answer? Ask.
Top Ranking Attorneys
- Hong Shen206 Answers|Points 10300Gold Contributor
- Joseph Gasparrini46 Answers|Points 2200Bronze Contributor
- Kelly Broadbent81 Answers|Points 4000Silver Contributor
- Russ Pietryga66 Answers|Points 3250Bronze Contributor
- Shawn Jackson17 Answers|Points 850Bronze Contributor
- Glenn M. Lyon, Esq.26 Answers|Points 1280Bronze Contributor
- Hong Shen206 Answers|Points 10300Gold Contributor
- Kelly Broadbent81 Answers|Points 4000Silver Contributor
- Russ Pietryga66 Answers|Points 3250Bronze Contributor
- Sharon Siegel62 Answers|Points 3090Bronze Contributor
- Michael D. Siegel56 Answers|Points 2750Bronze Contributor
- Paula McGill50 Answers|Points 2500Bronze Contributor
Are you a lawyer?Want to be featured here? Sign up for a free profile and get started today! Click Here
More Questions Like This...
- Questions from Virginia
- Employment and Labor Law Questions
- Virginia Employment and Labor Law Questions
 |