Unemployment Disqualifications

Eligible workers will receive supplemental payments and extra weeks of unemployment compensation in addition to standard state unemployment benefits. To be eligible for unemployment benefits in the first place, your employer must classify you as an employee, and not an independent contractor. Because independent contractors are technically self-employed, they are not eligible for state unemployment benefits.

Typically, compensation amounts depend on previous wages, the time of year you apply and your income status. For example, the amount you receive may be lower if you work part-time or are self-employed while searching for work and receiving benefits.

Generally speaking, an individual can determine whether they are an independent contractor or an employee by looking at his or her paycheck and tax information. Employees have taxes taken out of their paychecks, including social security and unemployment benefit taxes, while an independent contractors do not. In most cases, when you are laid off, the employer who terminated your position does not directly have to pay for your unemployment benefits; these checks come from the state’s unemployment fund.

When they claim unemployment benefits, you will receive a “Notice of Unemployment Insurance Claim Filed.” The state sends this letter to the employee’s most recent employer. Unemployment benefits are considered taxable income at the federal level, as well as at some state and local levels. When an unemployed worker approved for benefits requests the withholding of taxes, his weekly payment is less than the gross benefit amount. If the amounts withheld were incorrect or not taken out, you must pay the Internal Revenue Service and state and local revenue offices, if applicable, the difference when you file your income tax returns. Each state has individual rules for collecting unemployment, including (potentially) waiting periods to collect benefits and a requirement that the applicant show an active job search.

Tax impact of benefits

If former employees file for unemployment insurance, you will (indirectly) be the one footing the bill. Benefit payments are charged to your employer tax account, which results in increased state tax rates. The more unemployment claims the state approves, the more you will contribute for unemployment taxes. Former employees claiming unemployment must file with their state unemployment office.

Only employees whom you’ve paid FUTA and SUTA taxes for are eligible to receive these benefits. Fired employees can claim unemployment benefits if they were terminated because of financial cutbacks or because they were not a good fit for the job for which they were hired. They can also receive unemployment benefits if the employer had a good reason to fire the employee, such as being late for work several times, but the infractions were relatively minor, unintentional, or isolated. If you received unemployment benefits this year, you can expect to receive a Form 1099-G “Certain Government Payments” that lists the total amount of compensation you received.

Understanding the U.S. Tax Withholding System

If you received unemployment compensation during the year, you should receive Form 1099-G, which is a report of income received from a government source, showing the amount you were paid. Any unemployment compensation received must be included in your income and should be reported in the appropriate sections of your federal and state tax returns. If you fail to report your unemployment benefits as income, it’s unlikely you’re going to end up federal prison for tax evasion.

If you need unemployment benefits and cannot get them because of the employer’s failure to pay unemployment taxes, you might have to turn to other assistance programs. Aid also is available for items such as child care and medical costs.

However, an employer does not get to label an individual an independent contractor arbitrarily or because they choose to do so. If you believe that you have been misclassified, and as a result have been denied unemployment benefits, seek assistance from your state’s department of labor or an employment attorney. Unemployment benefits are considered taxable income, and the unemployment compensation you receive must be reported when you file your federal and state tax returns. Sometimes, the Federal government accidentally overpays a huge amount of money in unemployment benefits. If you were overpaid unemployment, you might have to repay it come tax season.

The IRS considers unemployment compensation to be taxable income—which you must report on your federal tax return. Some states also count unemployment benefits as taxable income. An employee will also receive a W-2 at the end of the year for federal and state tax filing purposes, while an independent contractor receives a 1099.

  • The Federal Unemployment Tax Act requires employers to file IRS Form 940 annually in conjunction with paying this tax.

Understanding the Federal Unemployment Tax Act (FUTA)

Despite this incentive, savvy employers contest only those claims that really are illegitimate. After all, most employees who are out of work count on unemployment benefits to make ends meet while looking for a new job. An employer that fights every claim will quickly get a bad reputation, both with its other employees and with the state agency. By antagonizing employees who are already financially strapped, such employers also breed the kind of resentment that can lead to wrongful termination lawsuits.

However, businesses pay unemployment taxes based on their track record retaining employees, so an employer that regularly lays off workers will face an increased unemployment tax rate. Independent contractors are not eligible to receive unemployment benefits because you do not pay unemployment taxes on their pay.

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The Federal Unemployment Tax Act requires employers to file IRS Form 940 annually in conjunction with paying this tax. Sometimes, however, employers accidentally or purposely fail to pay unemployment taxes, which has consequences for both the employer and employees. In addition to state unemployment taxes, your employer must also pay an annual federal unemployment tax. The rate for this tax does not vary in accordance with whether or not your employer has laid off employees.

What are unemployment taxes used for?

The Federal Unemployment Tax Act (FUTA) is the original legislation that allows the government to tax businesses with employees for the purpose of collecting revenue that is then allocated to state unemployment agencies and paid to unemployed workers who are eligible to claim unemployment insurance.

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But the fees and penalties associated with lying on your taxes are significant. And if you get audited (even if all your other finances are clean) the process will be time-consuming and potentially expensive.

Further, furloughed workers who receive back pay for their time away from work will typically have to pay back any unemployment benefits they collected. While many workers who are fired or laid off are eligible to receive unemployment benefits, there are some disqualifying factors that can render a person ineligible for receiving these payments. The exact circumstances in which unemployment payments will be approved or denied are set on a state level, not a national one, so there may be some differences depending on the location of the job loss. In most states, however, an employee will be disqualified from unemployment benefit eligibility if he or she is fired for misconduct, willful behavior, or other justifiable cause.

The federal government uses the money it collects through this tax to help states pay for the administrative costs of running its unemployment insurance program. In this way your employer shares some of the cost of distributing your unemployment check without directly paying your benefits. The U.S. government and individual states set requirements that limit the amount of unemployment benefits a claimant receives.

When it comes to paying taxes, honesty is always the best policy. Your unemployment benefits are taxed like income, and you’ll have to pay those taxes on unemployment during tax season when you file your return.

If you haven’t lost your job completely but your hours have been reduced or you work part-time, you may be eligible for unemployment insurance but you won’t receive the maximum amount. This means your state borrowed money from the federal government to cover unemployment benefits, and the state hasn’t paid back the loan after two years. The credit reduction reduces the FUTA tax credit for all employers in the applicable states.

Similarly, an individual who is receiving back-owed vacation, workers’ compensation or bonus pay may see a reduced benefit amount. Expanded unemployment benefits are currently available for laid-off employees and self-employed workers due to the coronavirus pandemic.