Can you collect unemployment if you work as a freelancer, independent contractor, gig worker, or self-employed individual running your own business?
Self-employed workers, independent contractors, and freelance workers who lose their income are traditionally not eligible for unemployment benefits. However, the federal government has temporarily expanded unemployment benefits to cover self-employed and gig workers.
Unemployment for Self-Employed Workers
The federal and state governments have enhanced unemployment benefits, and have enacted legislation to help impacted independent workers, including self-employed individuals and independent contractors. The legislation:
- Provides unemployment to self-employed workers who don’t traditionally qualify. The amount is based on previous income, and varies based on location and benefit guidelines.
- Includes supplemental benefits. Eligible workers will receive $300 a week in additional benefits through September 6, 2021.
- Provides extra weeks of benefits. There will be additional weeks of benefits to help those who are still unemployed after they run out of state benefits.
- Provides a federally funded $100 per week Mixed Earner Unemployment Compensation additional benefit until September 6, 2021 to individuals who have at least $5,000 a year in self-employment (1099) income, but are being paid based on employee (W2) earnings.
How to Check Your Eligibility
You may be eligible for unemployment compensation, depending on your personal circumstances and how your state chooses to implement federal benefits. Eligibility varies from state to state, so check with your state unemployment office to find information about who is eligible to collect unemployment compensation, and how to go about filing a claim.
When you become unemployed, it’s a good idea to check if you may be eligible for benefits right away. It can take time to begin receiving benefits if you do qualify, so you should file your claim as soon as possible.
Documentation You Need to File
State requirements will vary, but, in general, you will need the following information to file a claim:
- Your name, full mailing address, and phone number.
- Driver's license or state ID number.
- Social Security or Alien Registration number and drivers' license number.
- Proof of income which may include 1099 tax forms, W2 tax forms, pay stubs, and tax returns.
- Bank account number and routing number for direct deposit, if that's how your state pays unemployment claims.
For example, in Iowa, self-employed workers will need to provide any of the following documents as proof of income:
- 2019 1099
- 2019 W-2
- 2019 Pay stubs
- 2020 Pay stubs
- Form 1040, U.S. Individual Income Tax Return
Before you file, check with your state unemployment for details on the documentation you need to file to open a claim. It will be easier to apply if you have prepared in advance.
Payroll Protection Program
The Payroll Protection Program (PPP) is a Small Business Administration (SBA) funded program that provides forgivable loans to those impacted by COVID-19. In addition to small businesses and sole proprietorships, independent contractors and self-employed people are eligible for loans to cover their payroll and other certain expenses through existing SBA lenders.
In addition to the PPP, there are other programs available for small businesses that self-employed individuals may be eligible for.
Disaster Unemployment Assistance
If you were unemployed as a result of a major disaster, you may be eligible to receive Disaster Unemployment Assistance. The federally funded Disaster Unemployment Assistance program (DUA) is designed to provide assistance to workers who become unemployed as the result of a presidentially declared major disaster, and who are ineligible for other unemployment benefits.
State unemployment law may provide for eligibility for benefits in some other special circumstances, and your unemployment department can help you navigate the process should you become unemployed.
Self-Employment Assistance Program
The Self-Employment Assistance Program is a federal government endorsed program which offers unemployed or displaced workers in some states unemployment benefits when they are starting a business.
The Self-Employment Assistance program pays a displaced worker an allowance, instead of regular unemployment insurance benefits, to help keep them afloat while they are establishing a business and becoming self-employed.
Traditional Unemployment Benefits for Self-Employed Workers
Because employers contribute to a fund for unemployment benefits, their employees are eligible to receive benefits from the government, if they qualify after losing their job. If you are operating as self-employed you most likely didn't pay into your state's unemployment fund.
Other than in special circumstances, If you were paid as an independent contractor and receive a 1099 form, you were not considered an employee and would not be eligible for unemployment. That's because eligibility for unemployment is based upon being employed by an organization that was paying into the unemployment insurance fund.
When You're Already Collecting Unemployment
If you are collecting unemployment based on a job you had, working freelance can impact the benefits you are receiving. For example, in New York state, you need to report income when you do freelance work, do "favors" for another business, start a business, or are or become self-employed while you are collecting unemployment benefits. If you are doing other work, you may become disqualified from receiving unemployment benefits.
There are similar requirements in other states. In addition, in order to claim benefits, you need to be ready, willing, and available for work. Some states require that you keep and regularly turn in an employment log documenting your efforts to regain employment.
If you are receiving unemployment benefits, make sure that you know the guidelines regarding any work you engage in. Violating the requirements can result in a loss of benefits and also substantial fines if you are discovered.
The information contained in this article is not legal advice and is not a substitute for such advice. State and federal laws change frequently, and the information in this article may not reflect your own state’s laws or the most recent changes to the law.