Illinois Memo - Using Self-Employed Independent Contractors
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How to fill out Memo - Using Self-Employed Independent Contractors?
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FAQ
In Illinois, every individual who is unemployed or underemployed should file a claim for unemployment benefits, even if they have been told they're not covered by the state's regular unemployment insurance program - because they're an independent contractor, part of the gig economy, or for some other reason.
The ABC test is a legal test used by many states in employment-related laws, such as for workers' compensation or unemployment compensation, to determine whether a worker is an employee or independent contractor.
The test is called the ABC Test, and it's included in federal legislation called the Protecting the Right to Organize Act (commonly known as the PRO Act) that's currently being considered by Congress. If freelancers or independent contractors pass the test, they can continue working independently.
Pay basis: If you pay a worker on an hourly, weekly, or monthly basis, the IRS will consider it a sign the worker is your employee. An independent is generally paid by the job, project, assignment, etc., or receives a commission or similar fee.
Independent contractors are self-employed workers who provide services for an organisation under a contract for services. Independent contractors are not employees and are typically highly skilled, providing their clients with specialist skills or additional capacity on an as needed basis.
You probably thought that only W-2 employees could apply for unemployment benefits. The truth is, even if you have a signed independent contractor agreement (which you should always obtain), 1099 workers can apply for benefits through the Illinois Department of Employment Security (IDES) office.
Summarily, the ABC test is stricter than the Borello test and renders more workers independent contractors. The ABC test is not unique to California and is commonly used all over the country, including in Illinois, which codifies the ABC test for the purposes of unemployment benefits.
As of January 2020, Illinois's Human Rights Act prohibits discriminatory harassment of nonemployees, including contractors, in the workplace, and also prohibits sexual harassment of nonemployees, including contractors, in the workplace.
Can I qualify for unemployment insurance benefits? Even if your employer hired you to work as an independent contractor, the law may still consider you an employee. This means you may qualify for unemployment insurance (UI) benefits.
There are several ways you can be disqualified from receiving unemployment benefits in Illinois: You quit your job without good cause. You were fired due to misconduct connected to your work. You did not have a good reason to apply for Illinois unemployment or did not accept a suitable job offered to you.
