All Laws Decoded

Unemployment for Self-Employed and Gig Workers in New Jersey

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

Short answer: Independent contractors are not traditionally entitled to unemployment benefits, but if you believe you were misclassified, you can apply. New Jersey Department of Labor and Workforce Development, Independent Contractors and Misclassification

Self-employed, 1099 and gig workersIndependent contractors are not traditionally entitled to unemployment benefits, but if you believe you were misclassified, you can apply. The Department reviews each case, and if you are found to be an employee under New Jersey's ABC test, you could receive benefits. Getting a 1099 instead of a W-2, signing an independent contractor agreement, or being required to form an LLC does not by itself make you an independent contractor; the employer must show all parts of the ABC test are met. Misclassification complaints can be filed with the New Jersey Department of Labor, and workers are protected from retaliation for complaining.

Where to get help in New Jersey

More New Jersey unemployment benefits

FAQ

Can self-employed or gig workers get unemployment in New Jersey?
Independent contractors are not traditionally entitled to unemployment benefits, but if you believe you were misclassified, you can apply. The Department reviews each case, and if you are found to be an employee under New Jersey's ABC test, you could receive benefits. Getting a 1099 instead of a W-2, signing an independent contractor agreement, or being required to form an LLC does not by itself make you an independent contractor; the employer must show all parts of the ABC test are met. Misclassification complaints can be filed with the New Jersey Department of Labor, and workers are protected from retaliation for complaining.

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.