Can I collect unemployment if my employer changes my work status from a W-2 employee to a 1099 contractor?

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Can I collect unemployment if my employer changes my work status from a W-2 employee to a 1099 contractor?

I was given a 3 day notice that I would no longer be a W-2 employee and that I would be a 1099 contractor. They took away my health benefits, work support, and office space. I was told to work from home. The company states I quit voluntarily.

Asked on August 4, 2011 Arizona

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It would be advisable to speak with an employment law attorney.  As an independent contractor (1099 contractor), the company could claim that you are not an employee in order to try to deny you unemployment compensation. 

Another issue is that even as an employee, if the company claims you voluntarily quit, that would be a basis for denial of unemployment compensation.  You will need to refute the allegation of voluntary quitting in order to receive unemployment compensation for the time you worked there.


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