Posted by Pops1532 on February 17, 2013 at 12:59:46 from (68.58.114.55):
In Reply to: unemployment posted by ricb on February 17, 2013 at 11:31:26:
IIRC it goes something like this...
To be eligible he USUALLY has to be laid off from his LAST employer (There are some instances where a person can quit and still draw) At that point ALL previous employers within a certain time period are on the hook. You should have already paid the unemployment insurance (tax) on the wages he was paid. The claim only affects your future UI (tax) RATE.
The UI rate depends on YOUR track record as an employer, as well as the type of industry. The more people you've laid off, the higher your UI rate will be. Once you've had a claim it takes a long time for your rate to go down. Where it gets expensive is if you don't pay the UI when you're supposed to.Then they'll hit you with a big penalty. Looks like that's what happened to the OP.
As far as hiring help as contractors and just giving them a 1099.....That MIGHT satisfy the state income tax and IRS folks, but the UI people have a different view of it. In IL, if the person/business issuing the 1099 has the authority to instruct the subcontractor how to do his job, they view him as an employee and not a subcontractor in MANY cases. They use different wording but that's how it is here. For every argument someone comes up with they pretty much have a regulation they can cite showing you're on the hook for the UI and penalties.
Once they've hit you up for back UI taxes and penalties you can expect to hear from them for several years.
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