Can I collect unemployment from my full time job in NJ if I am a member of an LLC in another state.

UPDATED: Oct 2, 2022

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Can I collect unemployment from my full time job in NJ if I am a member of an LLC in another state.

I am a union worker in NJ. It is typical after a project is complete that we get
laid off until the next job is available. Typically, I collect unemployment
during this period. My wife is starting a part-time LLC in PA and is asking if
she can add me as a member but I want to make sure that would not interfere with
my NJ unemployment eligibility as I am the primary provider for the family.

Asked on July 30, 2019 under Employment Labor Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Being a member of an LLC will not affect unemployment: being employed by the LLC or drawing pay/compensation/a salary/etc. from it would. So if she adds you to the LLC but you do not take any money or compensation from it, that will not matter for unemployment purposes. She needs to make sure you do not get and are not entitled to any money during the period you receive unemployment.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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