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Unemployment for Self-Employed and Gig Workers in Tennessee

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

Short answer: When you file, Tennessee asks whether you are a business owner, independent contractor or self-employed worker who received only a 1099 tax form last year. Tennessee Department of Labor and Workforce Development, Application Questions; Questions Asked During Certification; Disaster Unemployment; Tenn. Code Ann. § 50-7-207(b)(2)(B)

Self-employed, 1099 and gig workersWhen you file, Tennessee asks whether you are a business owner, independent contractor or self-employed worker who received only a 1099 tax form last year. Each week you must say whether self-employment kept you from being available for work. For unemployment purposes, Tennessee decides whether a worker is an employee using the IRS 20-factor test. Disaster Unemployment Assistance, a federal program run by the state, can cover people whose employment or self-employment was lost or interrupted as a direct result of a declared major disaster and who are not eligible for regular unemployment; apply through Tennessee's regular program first.
The 20-factor test is in Tenn. Code Ann. § 50-7-207, read on a public code mirror (FindLaw), because the official Tennessee Code is published through LexisNexis.

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FAQ

Can self-employed or gig workers get unemployment in Tennessee?
When you file, Tennessee asks whether you are a business owner, independent contractor or self-employed worker who received only a 1099 tax form last year. Each week you must say whether self-employment kept you from being available for work. For unemployment purposes, Tennessee decides whether a worker is an employee using the IRS 20-factor test. Disaster Unemployment Assistance, a federal program run by the state, can cover people whose employment or self-employment was lost or interrupted as a direct result of a declared major disaster and who are not eligible for regular unemployment; apply through Tennessee's regular program first.

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.