If you are receiving unemployment benefits, and at the same time working as an independent contractor, you may be disqualified from receiving unemployment on the grounds that you are self employed. If, however, you can prove that you have a Sideline Business, you will be deemed eligible to continue receiving unemployment in Pennsylvania.
WHAT IS THE DEFINITION OF SIDELINE EMPLOYMENT UNDER PENNSYLVANIA UNEMPLOYMENT LAW?
Click Here to examine a Pennsylvania case that provides the test for a sideline business. In general, a Sideline Business is an enterprise that you have operated while you were employed on a full time basis, that you continue to operate after you become unemployed from full-time employment. In such cases, you will remain eligible to continue receiving benefits provided that 1) the sideline business was never your primary source of income; 2) you continue to look for work; and, 3) you have not increased the amount of time spent operating the sideline business since you became unemployed.
Example: Accountant employed by an accounting firm from time to time prepares and files tax returns on behalf of friends and family. After she is fired, she provides the same services to her friends and family. She is eligible to continue receiving benefits from unemployment.
Note: You should report to unemployment that you are doing the sideline work as soon as you start doing it (i.e. do not wait until you have been paid). If the Service Center should discontinue benefits, appeal and seek a Hearing before an Unemployment Referee.
Click Here to see our answers to FAQs relating to Pa Unemployment law and procedure.
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