What is the name of your state (only U.S. law)? Maryland
My husband has worked as a W2 full time employee for 2 years for a company in Maryland that provides staff for facilities in Maryland, Virginia, DC and Pennsylvania. Because his employer will be losing their largest contract, my husband has been told he will most likely be asked to switch from a W2 to a 1099 employee in July. He will not be assured full time work (historically, 1099 peers have been assigned drastically reduced hours, some just one day/week); he will lose his benefits, including health insurance & educational/licensing expenses; and will have to travel farther to have work from this employer. As far as we know right now, there is little opportunity for full time W2 employment in his field in this area of MD, though he is willing to search for work. Can my husband collect unemployment, rather than be forced to accept the 1099 position, until he can find a better situation (which will most likely still be 1099 but hopefully with more hours/week)? We worry that if he does not accept the 1099 offer, he may be forced to resign or be terminated (not laid off), which will affect his eligibility for unemployment benefits; but if he does accept the 1099, he will also be ineligible for unemployment benefits. He is 60 years old so not yet eligible for SSI or Medicare. Thank you for any insight you can provide.
My husband has worked as a W2 full time employee for 2 years for a company in Maryland that provides staff for facilities in Maryland, Virginia, DC and Pennsylvania. Because his employer will be losing their largest contract, my husband has been told he will most likely be asked to switch from a W2 to a 1099 employee in July. He will not be assured full time work (historically, 1099 peers have been assigned drastically reduced hours, some just one day/week); he will lose his benefits, including health insurance & educational/licensing expenses; and will have to travel farther to have work from this employer. As far as we know right now, there is little opportunity for full time W2 employment in his field in this area of MD, though he is willing to search for work. Can my husband collect unemployment, rather than be forced to accept the 1099 position, until he can find a better situation (which will most likely still be 1099 but hopefully with more hours/week)? We worry that if he does not accept the 1099 offer, he may be forced to resign or be terminated (not laid off), which will affect his eligibility for unemployment benefits; but if he does accept the 1099, he will also be ineligible for unemployment benefits. He is 60 years old so not yet eligible for SSI or Medicare. Thank you for any insight you can provide.