Will a claim filed on 2005 earnings get me unemployment benefits?

by anonymous

(usa)

Will a claim filed on 2005 earnings get me unemployment benefits?

I am a (former) small business owner/operator. I last took a paycheck in 2005. I paid myself and three other employees. The company was incorporated when it was in California. In 2006, trying to escape the worsening business situation in California, I moved the business into an adjacent state, letting all the employees go, becoming a sole proprietor and not taking a wage. Hung in there a long time, finally closed the business altogether in December. Can I collect unemployment insurance on all that money I paid into the system in 2003-2005? I also worked prior to that, in yet another state, from 1994 to 1999. I have not held a waged job since 2005 or reported any income anywhere. Sure could use the money.

Answer
Hi,

No, I don’t think it’s possible.

Not only are the rules about a “corporate officer” being able to collect unemployment after they close the business, state specific, but any unemployment claim is generally limited to going back a maximum of only 18 months, depending on the quarter you file the claim in, to look at wages earned in the “base period”.

Undoubtedly, you are able and available now, but you’ve been a sole proprietor way to long.

If you’re self employed .. unemployment is usually not an option unless the state allows you opt in for that.

As far as I know this is confined to corporations and you usually have to close the business before you can collect anyway to assure the department that you are able and available for work.

Comments for Will a claim filed on 2005 earnings get me unemployment benefits?

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Mar 19, 2011
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so bye-bye to the money I paid in

by: Anonymous

When I first saw this site, I thought it might be a scam. I was wrong. I am uplifted by the fact that I got what seems to be a quick and educated answer. Thank-you very very much for the information. Whoever you are, this is a jewel in your crown and you deserve good things….

It is discouraging to say bye-bye to all that money I paid into the system for all those years….I don’t know why I had to even make myself a salaried employee, I left all that up to the accountants and payroll departments. I no doubt paid 10’s of thousands of dollars, just on my own salary, in unemployment taxes and deductions… Sure doesn’t seem right that you pay into a system for years and years and then have a limited amount of time to draw your money back out and after what I think is a short period of time (18 months – just enough time to use up your savings), you cant get it at all…I tried to keep my business open – as a good American – “Hang in there” they said, its gonna get better. So here I am, left with nothin, absolutely nothin. Government took my money and now wont give it back to me when I need it most. That’s what I call a scam. I hope others learn from this and don’t let the government rip them off…take care of yourself first, no one else will. When this all eventually does pass, and it always does, I will be – or at least my sons will be – smarter the next time around.
So, I went ahead and filed for unemployment anyway; I am also applying for food stamps. I haven’t seen a doctor in 5 years, since I discontinued Medical Insurance for my company. Im gonna try to get medical care, at least for my kids, from the state. Wonder how hard that will be . Hope they don’t tell me ‘m not eligible…
Thank-you again. An anonymous American

Hi,

And let me take this opportunity to thank you. I think it was last week I received a submission from an “employer” that said exactly the opposite about me in no uncertain words.

I just can’t get it through to some .. that I am not “anti-employer” .. If anything, I’m anti-ignorance.

I also know that some of the “currently unemployed” will be employers in the future and I hope what they’ve learned by being unemployed themselves during this awful recession is to be employers that have respect and compassion to their employees and to always .. always act with integrity.

I believe that many employers do offer their employees respect and dignity .. but quite frankly, I do not meet up with many people that worked for these employers .. purely because their employers operate with these qualities.

Every responsible hardworking employee in America can recognize a bad employee and they can also recognize a bad employer when they see one.

Again, I thank you sincerely for not despising me for what I do.

Chris

Once an employee, now self employed with a purpose.