Submitted by Anonymous on Wed, 01/13/2010 - 18:55
I owned my own business for over 10 years and closed in August. I paid contributions for myself and for my employees (who are now collecting unemployment) for the entire period. I never dreamed of needing to apply...times change...
Can anyone tell me if I am eligible to file for unemployment? Granted, I only made about 20K in 2009 since cash was extremely tight. Past years were about 150K.
I have called the state and as soon as I tell them I was the owner of the corporation cannot get a clear answer as to my eligibility. Any help would be greatly appreciated.
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Editor's Response
My understanding is that the answer to this question depends on how the business was structured. Typically, sole proprietors are not required to contribute to the state's unemployment fund and, accordingly, are not entitled to collect unemployment benefits when the business goes under.
However, if your small-business was set up as an S-corporation and you were reported as an employee (and thus paid into the fund) you may be entitled to unemployment insurance benefits. I would call the Office of Labor and Workforce Development again (617-626-6800) and see if my theory fits with their explanation of why you are entitled to benefits or not. Good luck. For more information or to post a question, visit our Massachusetts Employment Law Discussion Forum.