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Aug04

Subcontractors, termination and benefits

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If a 1099 subcontractor is let go from the primary company, are they eligible for any kind of unemployment insurance benefits from the state or from the primary company?

Does it make a difference as to why the subcontractor was let go eg: poor performance or lack of work?

Thank you for your response in advance.

A 1099 worker is not an employee, and therefore is never entitled to unemployment benefits. A 1099 worker is self-employed, he or she is operating their own business, and as such is not entitled to unemployment. This is true regardless of the reason for the termination.

As an employer, if the worker applies for unemployment, all you need to do is indicate that they were never an employee and provide a copy of the 1099.

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This entry was posted on Tuesday, August 4th, 2009 at 10:55 am and is filed under
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