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

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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 5 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.


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