Unemployment, 1099, etc

[tijo4064]

What is the name of your state? Michigan

Two questions here:

Question 1 - I left a company I was at for 18 months to take a new job. After less than 90 days, I was terminated for (officially) Job Performance issues. Nothing specific, I was basically told that "my design standards are not up to the standards of the company" and that the owner felt that "it was not working out". There was no warning (aside from the constant ogre-like behavior of the owner towards his employees) verbal or written, or any documentation. I filed for unemployment, was sent an explanation form to fill out, sent form back.

Since there was no specific event that caused this and no misconduct issues, what do you think my chances are of being able to collect? It would not surprise me if the owner decides to contest this, as he has a very unpleasant disposition. Also, I was told by the people at Unemployment that this individual would onlt be liable for the first two weeks of unemployment, the rest would come from the job I quit (which paid substancially more). Does this have any bearing at all?

Question 2-I have the opportunity to take a commision-only 1099 position that would only show an income after 60 days or so. Can I still collect unemployment while employed in this position? I know I have to report income.



Thanks in advance for any advice you can offer!

 

[pattytx]

If you were fired, the employer would normally have to show that you did something specific if they were to win an appeal. Such as violating a company policy, hitting the boss in the head with a beer bottle, etc. In most states, "it's not working out" or "you're not meeting our standards" does not result in UI being denied the ex-employee. It may have been a bad hire on the company's part, but that's usually all.

Regarding reporting income while receiving unemployment benefits, you are normally required to list all income "earned" in the week, regardless of whether you have received payment or not.

 

[cbg]

I am not in a position to second-guess the answers you were given by the unemployment office. Which employers are responsible for what portion of UI varies by state; your local UI office is going to be far more knowledgable about what your state requires than anyone here is going to be. However, if the job that you quit is held responsible for the lion's share of the compensation, you can expect them to contest benefits. (The state, not either of your past employers, will make the final decision.)

Whether you can collect in the circumstances you describe is too situation-specific to answer here. Only an adjudicator from your state's UI office can answer that one.

 

[tijo4064]

Thank you for the responses!

Regarding the job I left: I left after they had closed 20 of 27 offices, laid off 1/3rd of their employees, and demoted the majority of the rest of us. As for my own situation, the company had demoted me and yanked my salary, making me a draw-against-commission sales rep for a service I had no training or interest in, and which would have effectively taken me off of the career path I had tried to cultivate for the past 5 years...all of which I outlined in my response to the UA forms query. So hopefully that will act in my favor...but I have no desire to collect for any protracted period of time...just would like to have SOME kind of backup while I job hunt. It sounds like I won't know for 6 weeks...and I'm hoping it will be a moot point by then as I'm getting a lot of positive responses from my resumes.

Thanks again!

 

[cbg]

I'm not saying you won't be approved for benefits. I'm saying that the majority of employers do not sit back and do nothing when they receive word that their account is being charged for an employee who quit. It will be very unusual if your former employer does not contest your getting unemployment on their nickel, regardless of why you quit.

That doesn't mean they will succeed in contesting. There's not enough info to say whether they will or not. But I'll be very surprised if they don't at least TRY to get the employer who fired you to pick up the majority of the cost.

 

[pattytx]

I'm confused. Sounds like OP quit the job he'd had for 18 months, got another job, and was fired from that second job within the first 90 days.
OP, did you quit the last job or were you fired?

 

[tijo4064]

"Sounds like OP quit the job he'd had for 18 months, got another job, and was fired from that second job within the first 90 days."

Yes...that's the scenario.

And out of a purely trivial sense of curiosity, what does OP stand for?

Thanks!

 

[pattytx]

Original Poster, the person who starts the thread.