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06.02.20, 19:37 PM General Topics
31 replies
My very p/t assistant (not on payroll) unbeknownst to me filed a claim naming me me as a “former employee.” But I didn’t lay him off. I gave him work in both April & May—he just hasn’t invoiced me yet. Now I’m in a bind. NYS Dept of Labor sent me a form with his claim. I feel I should tell them he was never laid off, and click the box that says “voluntarily quit.” But this would mean he won’t get unemployment benefits. His main work is as a freelance musician, so most of his income comes from gigs which have all been canceled. Should I lie and let him collect UI? I haven’t technically paid him for April and May yet. But I also need continued p/t help in the coming months. So confused. What would you do? This might be the end of our relationship. [ Reply | Watch | Flag ]
General Topics 06.02.20, 07:37 PM Flag
 

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Not appropriate that you haven't paid him for April yet. [ Reply | More
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General Topics 06.02.20, 07:44 PM Flag
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you don't understand--he invoices me to get paid. has done this every month until now. i don't keep track of his hrs--he does. [ Reply | More
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General Topics 06.02.20, 07:49 PM Flag
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Let him collect he needs money [ Reply | More
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General Topics 06.02.20, 07:44 PM Flag
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you don't understand how this work. Her insurance rates will forever be higher AND she will be lying to the government. He may be entitled to UE because of his work as a musician, but he is NOT entitled to UE because of her work -- she still employs him. It sounds like he filled out the forms wrong [ Reply | More
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General Topics 06.02.20, 10:05 PM Flag
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YOu do understand you are telling her to commit fraud, right? [ Reply | More
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General Topics 06.02.20, 10:08 PM Flag
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If you need him, why did you not pay him? [ Reply | More
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General Topics 06.02.20, 07:47 PM Flag
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i need his invoice first--that's why. of course i would pay him! [ Reply | More
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General Topics 06.02.20, 07:49 PM Flag
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did it not occur to you in COVID to reach out and nudge him about the check? [ Reply | More
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General Topics 06.03.20, 05:53 PM Flag
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^^ sorry, invoice [ Reply | More
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General Topics 06.03.20, 05:54 PM Flag
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op: ok so if i let him collect, do i ALSO remind him to invoice me for the work he did? [ Reply | More
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General Topics 06.02.20, 07:50 PM Flag
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No, you cannot. [ Reply | More
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General Topics 06.02.20, 09:29 PM Flag
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He might be able to collect, but he filled out the forms wrong. [ Reply | More
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General Topics 06.02.20, 10:06 PM Flag
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I disagree with the other posts. If you say that he was indeed a former employee but you never paid social security etc for him, the IRS might come after you. In reality I guess he is an independent contractor, correct? [ Reply | More
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General Topics 06.02.20, 08:08 PM Flag
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This. [ Reply | More
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General Topics 06.02.20, 09:30 PM Flag
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Why don't you call him and talk about all of this? [ Reply | More
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General Topics 06.02.20, 09:30 PM Flag
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If he's a contractor he can't collect unemployment (or at least that's how it used to work before the cares act). You should not lie. And you should fine new help. [ Reply | More
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General Topics 06.02.20, 09:32 PM Flag
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^find new help [ Reply | More
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General Topics 06.02.20, 09:33 PM Flag
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You should call him and tell him you haven't received his invoices. You should pay his invoices when you get them (which is sounds like you were going to do) and, most importantly, you should NOT lie to the government. He did not quit, nor did you lay him off. He has continued to work for you and you should tell him that is what you will have to tell the DOL so he really should amend his unemployment claim. [ Reply | More
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General Topics 06.02.20, 10:04 PM Flag
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This last post-er is 100% correct. [ Reply | More
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General Topics 06.02.20, 10:06 PM Flag
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Yes, exactly this. [ Reply | More
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General Topics 06.02.20, 10:49 PM Flag
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+3 [ Reply | More
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General Topics 06.03.20, 02:09 AM Flag
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You actually don't know if he will get the benefits. You may be one of many former employers listed. The problem is you are not a former employer -- you are a current employer and you need to truthfully tell that to the DOL, or you are helping him to commit fraud [ Reply | More
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General Topics 06.02.20, 10:07 PM Flag
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I would be honest. Nobody can fault you and it's ridiculous this guy is trying to scam the government and also trying to scam you. [ Reply | More
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General Topics 06.02.20, 10:37 PM Flag
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FYI, the employer’s UI rate usually increases when an employee collects UI. There usually is a brief hearing when there is a disagreement about whether or not the employee is entitled to collect. [ Reply | More
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General Topics 06.02.20, 11:30 PM Flag
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I thought that if they were not on payroll, they cannot list you an an employer. You did not pay unemployment taxes on them. They were independent and should have filed their own income/payroll taxes. [ Reply | More
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General Topics 06.02.20, 11:36 PM Flag
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I was on urbanbaby a month ago asking essentially the same question about receiving a form of dol on my voluntarily quit nanny filing unemployment. I paid her on the books btw. I did some research and found out that basically if one person files for unemployment, all her former employers in the past 18months will be sent the form. I assume my former nanny was laid off by her employer after me and filed, legitimately. I was just sent the form for liability calculation. So I returned the form truthfully that she quit her job voluntarily. [ Reply | More
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General Topics 06.03.20, 12:56 AM Flag
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many employers don't even bother to respond. Why don't you take that route? That way you aren't lying, just say nothing and let DOL decide/figure it out. [ Reply | More
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General Topics 06.03.20, 01:42 AM Flag
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so technically, you are not his employer....you are a client if he invoices you, he is a contractor....do you give him a 1099? Just be honest in case.....not worth lying over [ Reply | More
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General Topics 06.03.20, 02:07 AM Flag
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yes i give him a 1099 [ Reply | More
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General Topics 06.03.20, 02:16 AM Flag
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This. I would not lie. Just be truthful. [ Reply | More
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General Topics 06.03.20, 04:54 PM Flag
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Sounds like a 1099 independent contractor given that payment is via invoice - not a W2 employee. If this wasn't your employee it isn't in your interest to lie and say this was an employee. You should speak with a lawyer if you need counsel. [ Reply | More
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General Topics 06.03.20, 07:39 PM Flag
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