If my employer did not withhold state taxes from my paycheck, am I eligible for unemployment benefits?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my employer did not withhold state taxes from my paycheck, am I eligible for unemployment benefits?

Asked on July 1, 2015 under Employment Labor Law, Illinois

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are an independent contractor, then you may not be eligible for unemployment benefits.  It sounds like your employer was trying to make you look like an independent contractor by not withholding taxes.  This is certainly some evidence that you may have been an independent contractor, but it's not completely controlling.  To know if you would or would not be considered an independent contractor, go apply for unemployment benefits and explain the details of why you think you are a regular employee, not just a contractor.  Factors they will look at will be what control the employer exercised over your activities.  If you looked like a regular employer, and he treated you like a regular employee, then they could find that you were a regular employee.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption