Miami Beach, FL asked in Employment Law for Florida

Q: Employment Law - if I'm self-employed (as an LLC) - am I entitled to unemployment benefits under COVID?

I am under an LLC (one member) and provided earnings for one year. My Notice of Monetary Determination shows reason ineligible because of "No Florida Wages". Under normal circumstances, I obviously would not have applied but because of Covid, I had to close my business and I thought that self-employed businesses were allowed to apply because of the situation. Am I incorrect in this? My form says I can request monetary consideration but I'm afraid it will show up zero again. I also have an appeal option. I can show proof through tax return but not sure if they would request this. Just really unfamiliar with the whole process and perhaps someone can help me? Thank you. Vera

Related Topics:
1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: No one is entitled to any unemployment benefits unless the company they worked for has paid all the payroll taxes covering your employment. So if your LLC was the employee it is very unlikely that whoever "employed" you paid Florida's payroll taxes for you. If your LLC paid the payroll tax for you, that's great. But why not try anyway?

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.