If I am switching to contractor from employee, will I be able to collect unemployment when the job ends?

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If I am switching to contractor from employee, will I be able to collect unemployment when the job ends?

My medical office is closing and my boss wants me to work from home for a few months as a 1099 contractor, to finish closing his business.

Asked on August 27, 2012 under Employment Labor Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, you will not be able to collect unemployment at that time. Self-employed independent contractors are not eligible for unemployment when a particular customer or client (because that's what your "employer" would then be) stops making use of them. Nothing prevents an employee from working at home; if the ability to collect unemployment is important to you, see if  you can't get your boss to allow you to remain as an employee, even if that means accepting lower pay than you'd get as an independent contractor.


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