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If I do all my work in state #1, but live in state #2, and the company that pays me is in state #3 (for example, the company in state #3 that pays me has me work for its client in state #1), in which state do I properly file my unemployment claim? Which is the deciding factor(s): where I live, where I work, where the company that pays me is located?
If I am the employer, what determines in which state I pay unemployment contributions: where I am incorporated, where my sole office is located, where the worker lives, where the worker does all his work (any 2 or more of these parameters may be the same or not), or any combination of the preceding?
Where can I find the federal and/or state laws/regulations/court decisions/govt. agency publications/or whatever that apply to these specific questions?
Please only answer this if you are an attorney or work in a related government agency or have yourself been in one of these situations and can tell me how your case was treated and are in a position to know rather than just making educated guesses.
And thank you very much for any help you can give to help my huge confusion!
What states are you talking about? This is a state-specific issue.
Oregon will pay benefits to people who have not worked in their states but are now living there, but that is very rare.
As a general rule, your resident state has no bearing in this situation, nor does the state in which your employer is based.
Your employer, if he is doing business in the state where you are employed, is paying UI tax to that state. That state will pay your unemployment benefits.
If you prefer to file in your resident state or your employer's home state because you think their benefit is more advantageous, go ahead and file there first. 99% of the time, your claim will be denied and you will be told to file your claim with the state in which you were employed.
For an actual case where I was the worker, the states involved were MA, NH, and NY.
I live in MA. The company that hires me and pays me is in NY. But, I drive to NH where I do all the work at another company that is the client of the company that pays me. I have a "boss" at the client company in NH that tells me what to do, what hours to work, etc. and when he decides the work is finished, he tells the company in NY that pays me and they then terminate my employment because the work is finished and I am laid off which none of the above dispute.
That is the case where I wonder where I should properly file an unemployment claim.
Here is another case that is hypothetical, but may very likely soon happen.
This time I am the employer. I incorporate in MA and my sole office is located in MA and I live in MA. I hire a worker who lives in NH and does all the work for my corporation out of his home in NH (he just makes telemarketing phone calls). The worker never sets foot in MA to do any work for my corporation. He and I communicate solely by phone and/or email and/or meetings that are conducted only in NH and I send him paychecks in the US mail.
Does my corporation have to pay unemployment insurance contributions to MA? to NH? To Both?
Does my corporation issue a W-2 copy to MA? to NH? To Both?
Last question and you'll have to be a genius to answer this one. MA has an "Independent Contractor Law" that essentially states that anyone working for my corporation in its line of business is considered an employee even if I call him and treat him as a contractor and thus my corporation has to withhold state income tax, pay unemployment insurance, get worker's comp, etc to MA. If I am incorporated in MA and my sole office is in MA, but the worker lives in NH and does all his work in NH, is he beyond the reach of that MA law so that I can hire him as a contractor, not an employee as far as MA (not the feds, just MA) is concerned?
Last edited by audioresearch; 01-16-2012 at 08:35 PM..
For an actual case where I was the worker, the states involved were MA, NH, and NY.
I live in MA. The company that hires me and pays me is in NY. But, I drive to NH where I do all the work at another company that is the client of the company that pays me. I have a "boss" at the client company in NH that tells me what to do, what hours to work, etc. and when he decides the work is finished, he tells the company in NY that pays me and they then terminate my employment because the work is finished and I am laid off which none of the above dispute.
That is the case where I wonder where I should properly file an unemployment claim.
You don't know if your employer is paying UI tax to NH. Unlikely, since it sounds as though you were a temp working a contract job off-site. Therefore, you need to ask employer's HR people where to file. We've had similar questions on this board before. Employer will usually instruct you where to file. Based on information you've provided, it appears you should file your claim with NYS. However, only they know.
Quote:
Originally Posted by audioresearch
Here is another case that is hypothetical, but may very likely soon happen.
This time I am the employer. I incorporate in MA and my sole office is located in MA and I live in MA. I hire a worker who lives in NH and does all the work for my corporation out of his home in NH (he just makes telemarketing phone calls). The worker never sets foot in MA to do any work for my corporation. He and I communicate solely by phone and/or email and/or meetings that are conducted only in NH and I send him paychecks in the US mail.
Does my corporation have to pay unemployment insurance contributions to MA? to NH? To Both?
Does my corporation issue a W-2 copy to MA? to NH? To Both?
For certain, if you pay this employee W-2, you will need to withhold NH state taxes and forward same to NH quarterly. W-2 should be sent to New Hampshire. UI tax should also be paid to NH, since that is where employee is based.
Quote:
Originally Posted by audioresearch
Last question and you'll have to be a genius to answer this one. MA has an "Independent Contractor Law" that essentially states that anyone working for my corporation in its line of business is considered an employee even if I call him and treat him as a contractor and thus my corporation has to withhold state income tax, pay unemployment insurance, get worker's comp, etc to MA. If I am incorporated in MA and my sole office is in MA, but the worker lives in NH and does all his work in NH, is he beyond the reach of that MA law so that I can hire him as a contractor, not an employee as far as MA (not the feds, just MA) is concerned?
This is becoming quite arcane. Best to consult a small business attorney in your area for definitive answers. I am not familiar with MA independent contractor law and how it affects out-of-state employees/independent contractors and whether you can circumvent MA law by employing independent contractors in other states. I would think you could. Clearly, anyone who lives and works in NH would not be liable for MA state taxes. If that person, however, lived in NH and worked in MA, conceivably, depending on state law, that person might be liable for MA and NH state income taxes. Some states do operate like that.
You could research the MA and NH state statutes. Quicker way would be to consult with a good small business attorney in your state familiar with MA employment law.
working in different states which to file unemployment
as a govt worker who works in multiple states, i can tell you that you have the right to apply in any state in which you have worked. what i do is research the state with the highest weekly benefit and apply there.
there used to be a law that if you worked in more than one state, you could apply in any state, but that led to construction workers, who work of and on in many states, immediately hopping a plane to MA (benefit there goes up to $600) after every job. so they changed it. if you have enough weeks worked to qualify you are entitled to get unem comp in any state you have worked. the states dont mind because they get refunded by the state in which you live. my money is sent to me here in FL from a higher paying state.
I live in Georgia. I worked in North Carolina. I paid NC state taxes. I just got laid off and wanted to file UE in NC because the UE benefit is higher. I've been told by coworkers who have already applied in NC (and live in other states) that they've all been turned down because the employer paid UE taxes to their state of residence.
From everything that I've read online, it appears that the employer should be paying UE to the state where the employment services are taking place. The employer in this case is based out of PA.
I plan on filing in NC and if denied, filing an appeal. I haven't found anything online that says that I can't collect in NC. Nothing says that it depends on what state the employer pays into.
I live in Georgia. I worked in North Carolina. I paid NC state taxes. I just got laid off and wanted to file UE in NC because the UE benefit is higher. I've been told by coworkers who have already applied in NC (and live in other states) that they've all been turned down because the employer paid UE taxes to their state of residence.
From everything that I've read online, it appears that the employer should be paying UE to the state where the employment services are taking place. The employer in this case is based out of PA.
I plan on filing in NC and if denied, filing an appeal. I haven't found anything online that says that I can't collect in NC. Nothing says that it depends on what state the employer pays into.
Before you do anything, contact your employer's HR people and ask where you are to file for benefits. I seriously doubt your PA employer paid taxes to your resident state of GA while you were working in NC.
Normally, employers pay UI taxes to the state where the work is performed based on the number of employees working in that state.
Also, normally, you apply for benefits from the state in which the work was done - not where you live.
If your employer did not pay UI taxes in NC - this does happen - NC won't pay you. CT is one state which will pay benefits to its residents even though they may have worked in NY/NJ/PA. That is an anomaly, however.
You should then file in PA, which is the home state of your employer. PA benefit is higher than GA or NC, I venture to say.
Don't bother with an appeal in NC until you have exhausted filing in PA or, as a last resort, GA - although it seems very unlikely GA would pay you for work you didn't do there.
Let us know what happens, here. Each state marches to its own drummer, at times.
I work mainly in Michigan but I did work in Pennsylvania for 11 day last year am I eligible to collect from Pennsylvania? And would it be based on my total earnings or just my earnings in Pennsylvania?
I work mainly in Michigan but I did work in Pennsylvania for 11 day last year am I eligible to collect from Pennsylvania? And would it be based on my total earnings or just my earnings in Pennsylvania?
When you are laid off, you file your claim in the state in which you last worked.
No, you are not eligible to collect in PA on the basis of 11 days' earnings. If you're hoping for the more generous and more lengthy PA benefit, of course, you can apply, but you will be denied. PA will not do a combined claim for you on the basis of just 11 days' work in PA when the majority of your income and employment is Michigan-based. Your earnings and time worked in PA will be insufficient for a stand-alone PA claim.
If you file before July, MI should include all your earnings between April 2012-Mar. 2013. Call MI to file. Ask them to include the PA earnings. Some states will not include those 11 days if you qualify on the basis of earnings in their state alone.
Hi there, Hoping there is an easy answer to this and that you can help.
Here is my situation in a nutshell: Worked for one employer for 20+ years in IL; Had to relocate due to house forclosure, bankruptcy, to North Carolina; still work for IL employer (3 person business) remotely. I have been told now I have to become an independent contractor (which doesn't seem quite legit) and I now have to pay my own Fed/State taxes, SS/Medicare which now dings me an additional 9+% in taxes, etc. (aka $300/month) And as an independent contractor I fall off of unemployment. I have been told I could get it from IL due to time spent, but I fear if I lose my job that might not be the case.
Any words of encouragement/advice?
Thanking you in advance.
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working in different states which to file unemployment
