Misclassified as an Independent Contractor
When employers incorrectly classify workers as independent contractors instead of employees, it's called "misclassification." If this happens to you, you may still be able to get unemployment benefits. If you think you’ve been misclassified, apply for benefits. We will let you know if you’re eligible.
To learn more about the difference between employees and independent contractors, visit the Employment Status Portal.
How to Apply for Unemployment Benefits
If you think you meet the eligibility requirements for unemployment benefits, including having been paid enough wages by an employer, the fastest way to apply is through UI Online. You can also apply by phone, or by mailing or faxing a paper application form. If you choose not to use UI Online, allow extra time for processing.
When you apply, you need to provide details about your most recent employer.
- Online: Choose your most recent employer from a list provided. If not listed, you will need to enter the company name, address, and contact information.
- Paper or Phone: You must provide the company name, address, and contact information for your most recent employer.
After we process your application, we will send you a Notice of Unemployment Insurance Award (DE 429Z). Check this notice to make sure all of your employers during listed periods are included. We compare your application with the wages reported by your employers.
You must contact us if you disagree with information on the award notice, including:
- Your wages are missing or incorrect.
- An employer is missing or listed incorrectly (and you were not a federal employee).
If you disagree with any information, mail a letter to the address on the notice within 30 days of the mail date at the top of the form. If you miss the 30-day deadline, you might lose your chance to have your claim reviewed. We may extend the 30-day period for a good cause.
In your letter, include your full name, address, and Social Security number (SSN). Add proof of wages (like W-2, 1099, pay stubs, cash receipts, or other documents showing your earnings) and any information about your work history. If you did not work for a listed employer, tell us in your statement.
Important: If you don’t notify us about incorrect employment or wage information on the award notice, you could face an overpayment, penalties, or disqualification.
If you think some wages are missing from your record, you can contact us to review it.
The best way to make this request is to log in to your UI Online account and choose Contact from the main menu. Explain why you disagree and give information about your wages.
We will contact you and your employer to gather more information. It takes several weeks to collect the information, investigate, and notify you of your eligibility for benefits. We may contact you. Make sure you reply to any messages quickly so we can determine if you qualify.
If you ask to add wages to your claim, we will send you an Affidavit of Wages (DE 23A) to fill out. There are penalties for giving false information, which may include fines and criminal charges.
After receiving the affidavit:
- Fill it out completely.
- Sign it.
- Collect proof of your earnings, like pay records, Form 1099, W-2, or pay stubs.
- Fax or mail the completed and signed affidavit and proof of earnings to the fax number or mailing address on the form.
If we can’t get wage information from your past employers, we might be able to use the signed affidavit and proof of earnings that you provide to file your unemployment claim. If wages are added to your claim, you will receive a Notice of Amended Unemployment Insurance Award. If you think the amended notice is wrong, contact us to ask for a review.
Note: Giving false information can lead to penalties, fines, or criminal charges.
Other Assistance Programs
You might qualify for other state programs to help with food, housing, and healthcare costs.
For Employers
Find information on layoff alternatives, preventing fraud, and more.