Can you file for unemployment if you were an independent contractor?

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Can you file for unemployment if you were an independent contractor?

I worked as an independent contractor online last year for a few months during the summer but the company I worked for stopped paying me. I kept getting the runaround was given excuses about why I wasn’t getting paid. They never paid me for the rest of the work I did I stopped working for the company due to unpaid wages. Would I be able to file for unemployment if I was an independent contractor? When it came time to file my tax return, the company I previously worked for did not send a 1099 form. I reached out to the ex-VP of the company who stated that the owner of the company would never send out 1099’s. Would I be able to file for unemployment successfully get it? Also, would I be able to sue the owner of the company of unpaid wages and receive the money owed to me?

Asked on May 23, 2018 under Employment Labor Law, South Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Independent contractors are not eligible to receive unemployment benefits. That having been said, you are still entitled to be paid for any work that you performed. Accordingly, you can sue and ask for monetary compensation for the amount that you are owed; you will also be entitled to receive court and related costs.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

As an independent contractor, you are not eligible to receive unemployment compensation.
As for not being paid, you can sue your employer for breach of contract / account stated.  Your damages (monetary compensation you are seeking in your lawsuit) are the amount you are owed.


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