7 November 2023

Can Self-Employed Individuals Experience Unemployment?

By Ronald Smith

Have you ever wondered if self-employed individuals can face unemployment? I’ve always been curious about this myself. It’s quite a perplexing question, don’t you think?

Well, let’s dive into it! You might be surprised to learn that, yes, self-employed people can indeed experience a form of unemployment.

Now, you might be thinking, Wait a minute, how can that be? If you’re your own boss, how could you be unemployed? It’s a valid question, my friend. Let me explain.

Firstly, when we talk about self-employment, we’re referring to individuals who work for themselves and run their own businesses. They don’t have an employer to rely on for regular income.

But what if their business experiences a downturn? What if there’s a sudden decrease in demand for their products or services? In these situations, self-employed individuals might find themselves with a lack of work and income, much like traditional employees who find themselves unexpectedly without a job.

Moreover, self-employed individuals may face challenges securing new clients or contracts during economic downturns or other unforeseen circumstances. This can result in periods of unemployment or reduced workload.

So, while the traditional concept of unemployment may not directly apply to self-employed individuals, they can still experience a similar economic hardship. Even though they are technically their own bosses, they’re not immune to periods of financial uncertainty.

In conclusion, yes, unemployment can indeed affect self-employed individuals. The nature of their work and the fluctuating demands of the market can sometimes leave them without steady income. It’s a unique challenge that self-employed individuals face, which makes it important to understand their experiences and support them in times of difficulty.

Can Self-Employed Individuals Experience Unemployment?

So, here’s what happened. COVID-19 came along, and boy, did it shake things up! The government stepped in and provided loads of money to help out, especially for folks who were out of work. But when it came to unemployment benefits for self-employed folks like me, things got a bit tricky.

All that government aid went into something called the CARES Act. This Act set up programs to help with unemployment, including the Pandemic Unemployment Assistance (PUA) program. And guess what? Self-employed folks were actually eligible for PUA benefits! That meant states could pay us gig workers, independent contractors, and other self-employed peeps some money for up to 39 weeks. And get this, they even added an extra $600 every week! That’s a sweet deal, right?

But here’s the bummer. COVID-19 is still hanging around, but the CARES Act has expired. And that means the answer to whether self-employed folks can get unemployment benefits has gone from a simple Not really, to a confident You bet! and now it’s a big old It’s complicated.

So, How Do Unemployment Benefits Actually Work?

So, this might not really apply to those of us who work for ourselves, but unemployment benefits can be a helpful temporary income source for people who lose their jobs through no fault of their own. Usually, you can expect to receive around 30% to 50% of your usual weekly income for a certain period of time.

The Department of Labor suggests that it’s a smart move to apply for unemployment benefits as soon as possible after you’ve been let go. It’s important to give your state’s unemployment office all the necessary and accurate information to make sure your claim is processed promptly.

To receive unemployment benefits, there are specific income requirements you must meet. Some states may also have additional criteria, such as proving that you’re actively searching for a new job. If you’re interested in knowing what programs are available in your state, the Department of Labor’s website has a handy map that shows all the details.

Can I Get Unemployment Benefits if I’m Self-Employed?

In my research, I’ve come across a potential solution for self-employed workers who are no longer receiving benefits from the CARES Act.

Here’s the idea: you can establish an S corporation and consider yourself an employee. This means you’ll deduct taxes, both state and federal, from your own paycheck, including unemployment taxes.

However, it seems this approach may not be guaranteed to work. While S corp employees are technically eligible for unemployment benefits, they might encounter difficulties in states that require them to actively search for employment in order to qualify.

So, here’s the deal: the courts have decided that people who own S corps, like me, can’t be considered actively looking for work because we could technically get new work at any time. It’s a bit confusing, I know. Basically, I have to prove to the state that my S corp isn’t really a viable business anymore and that I’m actively seeking new work.

Unemployment Benefits for Self-Employed Individuals

But hey, there’s a program in some states called self-employment assistance that’s pretty cool. It’s all about helping unemployed folks like you and me start our own small businesses.

Here’s how it works: instead of regular unemployment benefits, the state can give us a special SEA allowance. This allowance helps out while we’re setting up our businesses and becoming self-employed. And the best part? We get weekly allowances during this process.

I want to talk to you about SEA allowances. They’re basically the same amount of money you would get from regular unemployment benefits. The only difference is that instead of looking for a new job, you get to work full-time on starting your own business.

Self-Employment vs. Gig Economy Worker vs. Independent Contractor

There are a lot of different ways to be self-employed. For example, you could be a gig worker, like someone who drives for Uber or Lyft, or delivers items for companies like DoorDash. You could also be a freelancer, offering your services on platforms like Fiverr or Upwork. The important thing is that all of these workers were able to receive weekly benefits during the worst part of the COVID-19 outbreak.

And then there’s this whole other group of jobs called self-employed. That’s when you work for yourself, like if you have your own business or if you offer your professional services to another company. Basically, it’s like being your own boss.

How do I File for Unemployment if I’m Self Employed?

Well, here’s the thing: most of the time, you can’t. See, when you work for someone else, they pay into this thing called an unemployment fund. This fund helps people who lost their jobs get some money to help them out. But if you’re self-employed, chances are you didn’t contribute to that fund. So you don’t fit the requirements to get regular unemployment benefits if you lose your job.

Yeah, I know it’s a bummer. But that’s just how it works if you’re in one of those self-employment categories we talked about earlier. They don’t have a special unemployment thing set up for people like you.

If you’re paid as an independent contractor and got a 1099 form, there could be some special cases where you can still get unemployment benefits. But, unless there’s a program like the PUA in place, it’s hard to receive those benefits if your employer isn’t contributing to the unemployment insurance fund.

Getting Unemployment Benefits as a Self-Employed Individual

It can be challenging to get unemployment benefits if you rely solely on income from your own work. However, there are certain situations where you may be eligible for unemployment benefits if you have a side job alongside your main source of income.

The amount of money you can receive from unemployment benefits depends on the laws in your state and how much you used to earn. Some states allow you to earn a certain percentage of your weekly benefits from a part-time job without reducing your unemployment compensation.

However, if you earn too much, you may not be eligible for benefits anymore. It’s important not to hide any income you earn on the side because that would be breaking the law at the state or federal level. Each state has its own rules, so make sure to check your state’s website for more information.

How much money can self-employed people receive from unemployment benefits?

It has become more difficult for gig workers and other self-employed individuals to receive benefits since programs like PUA benefits and disaster unemployment assistance were discontinued.

Hey, guess what? Big news! Some workers might be in for a change. Let me tell you about what’s happening in Washington State. They just passed a law that gives more rights to Uber and Lyft drivers. Pretty cool, right? But that’s not all. They also set up a task force to figure out how these drivers could get paid from the state’s unemployment insurance program. Exciting stuff!

Oh, and I’ve got another interesting tidbit for you. Over in Pennsylvania, the state’s supreme court made a ruling. They said that Uber drivers are not considered self-employed. So, guess what they should receive? Unemployment benefits! Can you believe that?

So, here’s a question for you. Are unemployment benefits taxable?