Unemployment for Self-Employed and Gig Workers in Wisconsin
Whether 1099 contractors, gig workers and the self-employed can collect unemployment in Wisconsin, and what misclassified workers can do.
Short answer: Independent contractors are not eligible for unemployment benefits, but under Wisconsin's unemployment law workers are presumed to be employees unless the employer proves they are independent contractors under a two-part test; Wisconsin Department of Workforce Development, Worker Misclassification for Unemployment Insurance; Eligibility Issues FAQ
| Self-employed, 1099 and gig workers | Independent contractors are not eligible for unemployment benefits, but under Wisconsin's unemployment law workers are presumed to be employees unless the employer proves they are independent contractors under a two-part test; if either part is not met, the worker is an employee. If you suspect you were misclassified, you can contact the Department of Workforce Development or report suspected misclassification. If you are self-employed or start a business while claiming, you must answer "yes" to being self-employed; self-employment income is not counted as wages and is not deducted from benefits, but you can be disqualified if self-employment keeps you from being able, available and actively looking for suitable work. |
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Where to get help in Wisconsin
More Wisconsin unemployment benefits
- Logging In to Your Wisconsin Unemployment Claim
- Unemployment After Being Fired in Wisconsin
- Unemployment After Quitting in Wisconsin
- How Much Unemployment Pays in Wisconsin
- How to File for Unemployment in Wisconsin
- All Wisconsin unemployment benefits rules
FAQ
Can self-employed or gig workers get unemployment in Wisconsin?
Independent contractors are not eligible for unemployment benefits, but under Wisconsin's unemployment law workers are presumed to be employees unless the employer proves they are independent contractors under a two-part test; if either part is not met, the worker is an employee. If you suspect you were misclassified, you can contact the Department of Workforce Development or report suspected misclassification. If you are self-employed or start a business while claiming, you must answer "yes" to being self-employed; self-employment income is not counted as wages and is not deducted from benefits, but you can be disqualified if self-employment keeps you from being able, available and actively looking for suitable work.
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.