Employer isn't paying unemployment taxes?

Question

I've worked at an independent business for the last six years. Given the current economy on top of years of poor business decisions made by my boss, the company may be going under soon.

My question is this: if my boss hasn't paid income tax or unemployment taxes, will I still be able to go on unemployment if we do actually close and I am unable to find another job? I'm not sure how this works, and I've filed my own personal taxes (and W2s) before if that helps.

I'm not trying to s***w my boss over but I'm also not trying to throw away six years of my life either. Any help would be appreciated. Thanks!

Answer 1

Contact the Unemployment Division of your state's Labor Department.  That is where you will get the correct answer.

Answer 2

The question is not has your boss paid the taxes but has he filed the returns.  If you are a valid independent contractor, you are on your own.  If you are an employee, you are entitled to benefits even if your employer didn't pay the tax.  If you are misclassified as an independent contractor who should be treated as an employee, you may in Never Neverland until it get sorted out.  You don't state what you are.

Answer 3

I think that if you've been getting W-2s, which were filed properly with the Social Security Administration, then they should have filed the Federal unemployment forms properly until at least 2005, or you probably would have heard something.  Those Federal forms include a certification that they've filed the corresponding state forms.

If they've filed the appropriate federal and state wage reports, you're covered, even if they didn't make the required payments.  It's possible that you'd need your pay stubs for the past 12-15 months if they didn't file the state wage statements, but did file the federal statements.  (In most states, unemployment benefits are only affected by your work for the past 15-18 months.)

You might try requesting your Social Security records to confirm that they (the SSA) have received record of your work.  That information would likely be current through at least 2006, and possibly 2007.

You should be able to check with the state labor commission to see whether they have any record of your employment.  Many states allow you to query the database as to what your benefits would be, given that you were laid off.

Answer 4

Since you say you did get W-2's, you were treated as an employee, and he should have been paying into unemployment on your behalf, but even if he didn't, you should apply if the business goes under - you might be able to collect anyway if you can prove through your recent pay stubs that you were an employee showing deductions for taxes..

Good luck.

Answer 5

Since neither you or your boss paid into the Unemployment Insurance Fund then No you cannot submit a claim.