All Laws Decoded

Unemployment for Self-Employed and Gig Workers in Delaware

Whether 1099 contractors, gig workers and the self-employed can collect unemployment in Delaware, and what misclassified workers can do.

Short answer: Delaware courts have consistently ruled that self-employed people are not eligible for unemployment benefits; benefits are not meant to support the early stages of a new business. Delaware Department of Labor, Division of Unemployment Insurance, Claimant Handbook (Self-Employment)

Self-employed, 1099 and gig workersDelaware courts have consistently ruled that self-employed people are not eligible for unemployment benefits; benefits are not meant to support the early stages of a new business. Self-employment can be found when you have made more than minimal efforts on behalf of a business you own, even if it is not profitable and even if you remain available for other work. If you are self-employed when you file, or become self-employed while collecting, you must tell the Division of Unemployment Insurance.

Where to get help in Delaware

More Delaware unemployment benefits

FAQ

Can self-employed or gig workers get unemployment in Delaware?
Delaware courts have consistently ruled that self-employed people are not eligible for unemployment benefits; benefits are not meant to support the early stages of a new business. Self-employment can be found when you have made more than minimal efforts on behalf of a business you own, even if it is not profitable and even if you remain available for other work. If you are self-employed when you file, or become self-employed while collecting, you must tell the Division of Unemployment Insurance.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.