Can a 1099 consultant receive unemployment benefits (EDD) after termination from a separate full time job?
My wife, on occasion, is called upon to consult at a former employer, which had been after hours with-respect-to her normal 9 to 5 job. She was laid-off from her 9-5 job, however, she still gets called in to do 2 hours here and there, as a consultant at a former 9 to 5 job - I believe it would be termed - "consultant" and she gets 1099-R pay.
Can she apply for and receive unemployment?
I know that the forms and questions they ask have, from my point of view, ambiguous questions that if mis-answered, disqualify someone immediately. Like "did the tooth-fairy leave under your pillow last night?" - Yes. Red-flag! Perform financial analysis for last 10 years to see if you qualify... I just want to avoid any pitfalls and red tape that otherwise ends up at the same conclusion, albeit with less paperwork.
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Unemployment is a state not federal program so it would be important to know what state you are in. For my state, California, it appears that your wife would be eligible:
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Meeting Eligibility Requirements
An individual who files for unemployment insurance (UI) benefits must meet specific eligibility requirements before benefits can be paid. Individuals must:
Have received enough wages during the base period to establish a claim.
Be totally or partially unemployed.
Be unemployed through no fault of his/her own.
Be physically able to work.
Be available for work which means to be ready and willing to immediately accept work.
Be actively looking for work.
Meet eligibility requirements each week benefits are claimed.
Be approved for training before training benefits can be paid.
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