Unemployment for Self-Employed and Gig Workers in Pennsylvania
Whether 1099 contractors, gig workers and the self-employed can collect unemployment in Pennsylvania, and what misclassified workers can do.
Short answer: Self-employment does not count as base-year employment for financial eligibility, and independent contractors are considered self-employed. Pennsylvania Department of Labor & Industry, UC Benefit Guide: Eligibility Information
| Self-employed, 1099 and gig workers | Self-employment does not count as base-year employment for financial eligibility, and independent contractors are considered self-employed. A worker is self-employed only if free from control or direction over the work, both under the contract and in fact, and customarily engaged in an independently established trade or business. If you say you were an employee but the employer says you were self-employed, the employer must prove both factors. You are ineligible for any week you are engaged in self-employment; starting a new business begins with the first positive step, such as advertising or renting an office. An exception applies to a sideline business that meets a four-part test (the claimant must prove it). If you are found ineligible due to self-employment, you may qualify again later after working and earning at least six times your weekly benefit rate. |
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Where to get help in Pennsylvania
More Pennsylvania unemployment benefits
- Logging In to Your Pennsylvania Unemployment Claim
- Unemployment After Being Fired in Pennsylvania
- Unemployment After Quitting in Pennsylvania
- How Much Unemployment Pays in Pennsylvania
- How to File for Unemployment in Pennsylvania
- All Pennsylvania unemployment benefits rules
FAQ
Can self-employed or gig workers get unemployment in Pennsylvania?
Self-employment does not count as base-year employment for financial eligibility, and independent contractors are considered self-employed. A worker is self-employed only if free from control or direction over the work, both under the contract and in fact, and customarily engaged in an independently established trade or business. If you say you were an employee but the employer says you were self-employed, the employer must prove both factors. You are ineligible for any week you are engaged in self-employment; starting a new business begins with the first positive step, such as advertising or renting an office. An exception applies to a sideline business that meets a four-part test (the claimant must prove it). If you are found ineligible due to self-employment, you may qualify again later after working and earning at least six times your weekly benefit rate.
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.