I've worked as a nanny for the past 14-months. My job is ending; am I eligible for drawing unemployment??

Question

I've worked as a nanny for the past 14-months. My job is ending; am I eligible for drawing unemployment??

Answer 1

If you weren't paid under the table then yes.  If you were paid under the table then no.  If you got a 1099 from them at the end of last year they classified you as an independent contractor.  If you got a w-2 from them at the end of last year then you were classified by them as an employee.  If they gave you neither one at the end of last year, you were probably paid under the table and your employer would get in trouble if the state you worked in finds this out.

Answer 2

Maybe.  If you were properly classified as an employee, then your employer would have paid in unemployment for you and you'd be eligible.  If taxes were NOT deducted from your paychecks, odds are that they called you an independent contractor - then you would not be eligible for unemployment either.

Answer 3

Only if your employer paid or should have paid into unemployment.

Answer 4

It depends.  

When you started the job did you fill out a w9?  If you filled out that form then they likely paid you as an Independent Contractor (and will send you a 1099 MISC in 2/09).  Also, did they withhold taxes from your paychecks?  If not, you were likely considered a "self employed contractor" and you can't get unemployment.  

The only way you could get unemployment is if you were an actual "employee."  Under certain circumstances you can claim that you should have been considered an employee, but you would have to get a lawyer and for the salary you received it's probably not worth it.

I would check with your state's unemployment office and see what other requirements they have.

Good luck!

Answer 5

Yes.  A nanny is a household employee whose wages are subject to unemployment taxes.  If you are otherwise eligible for unemployment and your wages have not been reported, your state should do an immediate audit of your former employer to determine the facts.