From the Midwest

From The Midwest

From The Midwest
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North Carolina,
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September 29
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CEO
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Never Give Up! Never Doubt Goodness and that Includes YOU!
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Former English teacher-artist from the Midwest and just another statistic of "The Great Recession." Life goes on . . .

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JANUARY 22, 2009 5:35PM

What Qualifies One As "Unemployed?"

Rate: 9 Flag

Yesterday, Jennifer Granholm, governor of Michigan, reported that in December, a record NEW 200,000 people applied for unemployment benefits in this economically depressed state.

It may seem a ridiculous question to ask, but what exactly qualifies one to be "unemployed" and thus eligible for those benefits? It would seem simple--you lose a job and income, so you need help for a period of time until you can find a new one.

I recently closed my business of almost thirteen years. But because I was self-employed I can't collect any benefits at all.

People who aren't self-employed and receive a paycheck from an employer have part of that salary taken out for the "unemployment pool."

On the surface, I guess it only seems fair. But given the economic circumstances we're facing, it's ridiculous.

As a self-employed person, I actually created jobs, mostly indirectly through order of product from other businesses. So, guess what? It's the ripple effect. They are closing, too.

" Small business" is another misnomer. Because I'm a business of one, myself, and because I live simply with no major collateral or large debt, it's impossible for me to get a business loan. Had I been able, I'd still be in business. And I didn't need much.

"Small business" means anything up to several million dollars. I'm sorry, but that's not a small business. That's a corporation.

President Obama has signalled that he wants to pump money into the SBA, Small Business Association, to jumpstart small businesses and make it easier to get loans. I'm all for that. But before he does, let's give true, small, entrepreneurial businesses like mine a chance for the application.

And let's change "unemployed" to mean just that. No hoops to jump through. Since the self-employed can't get benefits, I have to wonder what the real unemployment statistics are for the state of Michigan.

"Self-employed" shouldn't have to mean a "pre-existing condition."

 

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You make excellent points here. I am sorry you find yourself in this predicament.
Couldn't agree with you more. And "Unemployed" should not be a complicated thing to define.
plenty of ways to organize society better than this. getting there from here is the hard part.

in fact, impossible. you should have gone into politics, i believe they have excellent benefits. have you considered emigration?
I'm in exactly the same position; I'm a self-employed massage therapist and artist. I am also eight months pregnant, and can no longer carry my massage table or stand up for the hour and a half it takes to give a massage. This month I started telling my clients that I was taking 'maternity leave,' but this basically means I'm living on credit. I don't even qualify for assistance on my heating expenses, because I have to have a 'pay stub' which 'proves my income.' Tax returns and bank statements apparently don't count.
Great post. I too closed a business after 13 years. Another category that goes mostly unreported are the underemployed... folks like me used to a six figure income, now working for 1/3 of that. I don't come up on any statistic.
Yep yep yep. My husband and I are both self-employed. Among other things that means we can't qualify for free health care at the local doctor's volunteer clinic for those who are employed but without adequate insurance. "Employed" is defined as working at least 20 hours a week for someone else, working for yourself doesn't count.

Why is America making it so hard to be your own boss?
the way I handle the inability of government programs to grok self employment it to put myself on a payroll of 1 employee. it seems a bit twisted but paying a payroll service to pay me solves a lot of problems.
It's a difficult and totally twisted situation, this is so true.
I had a similar but slightly different experience because I had a (single person) consulting company that wasn't making any money for a while. That turns out not to count as unemployed and there's no help with that. Looking for consulting work is something for which they don't help you. You have to be looking for a particular kind of work before it counts. I agree it means people fall through the gaps in the safety net. I had thought the government encouraged people to start their own businesses, but this was not a policy that really worked to support that.

And it's worse even than just that. If I recall right, if you try to take money out of your 401K, it doesn't count as a hardship withdrawal if you're not actually on unemployment (there are a few other exceptions, but simply "not making money" is not one of them). That means that if the government is already giving you money, they will also give you a tax break by waiving the penalty on early withdrawal from your 401K (10% if I remember right), but if you're not asking for money from the government, they'll charge you a penalty for using your own money. (Since when isn't lessening your retirement fund and lengthening the time to retirement penalty enough? I don't think anyone who invented that sinister 10% early withdrawal penalty ever really thought through who that will affect, but it's really devastatingly horrible to watch how little money comes out after all that.)
The point you made is very important.

As well in other countries, besides in u.s. self employed people are in a different position than the workers of another employer. In my country small scale business people, besides having the exactly similar problem as you have got, have also got the benefit to pay much lower taxes than workers of an employer.

I think that all people should be put in the same position concerning work, taxes and unemployment problems. I think that the only way to do it is to introduce some kind of socialism. So that all the employers are state employers. Big international private companies, especially those, which are producing weapons should be banned.
Yes. Your points are spot on. In 1995 I was downsized for the third time in three years and began a long period of underemployment and unemployment that never really ended. I was not self-employed though. I had been an R&D scientist for 29 years when I hit the skids in 1995. There were and still are so many gotchas in the government’s policies, rules, and programs regarding labor that it’s hard to know where to start the discussion.

I’ll just try to stick to your topic of unemployment. There are some idiotic wickets you must pass through to be unemployed. One is that you must prove you’re actively looking for work whether there is any work or not. Another is that if you were previously making $100K per year in a professional capacity and you take a job as a clerk in a retail store at minimum wage—well, hey! Congratulations! You’re employed! If your job was sent overseas or taken over by a foreigner on an H1B visa making a third of what you had been paid (or less) too bad for you. The story will be that there aren’t any Americans qualified for your old job. You can retrain at government expense to do other jobs that don’t exist any more either or that put you at a poverty wage with no prospect of advancement. As far as the U.S. Labor Department is concerned you’re not unemployed regardless of whether you can keep up the mortgage payment, the health care insurance, and stay warm and eat or not.

The reason for all of these idiotic rules is that the U. S. Labor Department is, like the U. S. Chamber of Commerce, an agency whose job is to paint a rosy picture for policy makers to hide behind.
Last year, I formed an S-Corp and I am its sole employee. I wonder if I could have applied for unemployment when the contract that provided my "employment" ended. Anyway, that may be a way around the whole unemployed thing is not to operate as a sole proprietor, but rather as an S-Corp or an LLC.

And yes, unemployment statistics are a notoriously inaccurate measure of how many people are actually out of work. But, like Amazon sales rank is for book authors, it's the best real time measure we have of what is actually happening in the marketplace, even if it undercounts wildly.
Mary, that was my problem. I have an S-Corp. If the corporation has been listing you as employed, and paying salary with unemployment insurance, my guess is you can become unemployed. (Check with a lawyer or accountant though, I'm not one.) But there are two problems with this:

One is that it requires you to list yourself as unemployed. My problem was that I was aggressively trying to find new work, I just wasn't making money. If you're ready to give up on having any contracts, being unemployed may seem ok. But it feels wrong—if you lay yourself off, who's going to rehire you? (There is an answer to this, it just has a weird feel.) But once unemployed, that really requires you to go on interviews and try to get a day job. (Of course, the government may want you to do this. But that's what I meant in my previous comment where I said the government has a preference for what kind of job it wants you to have.)

But also, forming an S-Corp costs usually $500-$1000 to form and probably costs an annual fee to maintain. A lot of people aren't up to that extra expense, which is effectively an unemployment tax if what you're saying is they should form the corporation just so they can draw unemployment sometimes. (An S-Corp gets a number of tax advantages that make this worthwhile for some people, but again one has to wonder why those tax advantages should go only to a corporation and not to a person. They should really fix the need to elect a vehicle like this just for such reasons. The purpose of a corporation is really to be a legally separate entity for the purpose of liability, ownership, etc. That's the right reason to get a corporation. Getting one because it will mean that things you do will be accounted for differently seems a bit dubious from a design point of view, though I totally agree with you that the laws seem to require you to consider options like this.)
Hmm. To clarify my remark about not wanting to list as unemployed, given this is a discussion of unemployment, my point is that I allege the core issues society should care about is making sure people (a) don't starve and (b) are looking for work. If you're making no money, that seems to me to qualify under (a). As for (b), there are different ways to do this, but we should try to recognize the ways that are legitimate and likely to yield high quality income for the individual rather than forcing them to take something that might result in a lowering of personal empowerment and pay over the long run.
Although I'm in Canada, the situation is identical. And I've been both an employee and self-employed at various times.

Here's a suggestion.

Why not open up contributions to Unemployment Insurance to all? Give self-employed people the option of making regular contributions just as they would through an employer. It's not unlike paying for medical benefits privately if you are self-employed.

It'll take discipline for a self-employed person, but it's no different than medical insurance or knowing you have to set aside money for taxes, etc.

This is the only way I can see to make an equitable system for all.
I feel bad for you, but why DIDN'T you either a) incorporate your business and make your self an employee, or b) take the amount you would have paid into some of your profits into your own private unemployment pool, like a savings account. If your business cannot afford wither option, it's not a viable business plan.

During the non recession years, I got allot of smugness about us "suckers working for the man" from my self employed freinds. Not so much anymore. Your crying about not getting money from a program you did not pay into. Where I come from, that's considered whining that your not allowed to steal.
What Qualifies One As "Unemployed?"

For the purpose of collecting benefits, it helps to have had an employer who paid taxes to support the system.

As a general rule, self employed persons do not pay taxes to support the system, therefore they are not entitled to benefits.

Question:
Would those of you who are not happy with the present arrangement be willing to pay taxes to support the system?
All sorts of people don't count.

-You don't count because you were an employer.
-I don't count because technically I was a contractor (wasn't self employed, my workplace paid the taxes adn I was taxed yearly).
-People that are unemployed too long apparently stop counting as unemployed (assumingthey don't starve to death).

The numbers floating around are really far to low to accurately portray the true number of unemployed people. I suspect if all the people that "don't count" are added in... the number may easily be double what is passed around as a bad bad number to have unemployed.
Jim, I did pay taxes through my S-corp for unemployment, but I was unable to collect unemployment but work was sometimes more steady than others. Sometimes work comes in odd-sized pieces. When the work was there, I was paying myself and the government. When the work was not there, it was administratively complicated to be telling the government about it, as they aren't really set up to handle lapses in cash flow in the way a consulting business can have it. They'd rather all your unemployed time be bunched up in one point in time, so if you're unemployed six months and employed six months, that's ok, but if you're only half-employed all year or if you're employed 4 weeks, off 1, on 2, off 8, it's harder to account for, and yet may add up to the same. It is, I suppose, a risk one takes, and I'm not even saying that's wrong. What bothered me more than not being able to collect unemployment (which was indeed a drag) was not being able to even claim I had a financial hardship because it was seen as a fault by people that I was not availing myself of unemployment. It's as if the presence of unemployment means that people are able conversationally and politically to say "that's covered; there is no problem". But really it's just not that black and white, and I think the poster here from the midwest has made an excellent observation.
You are exactly to whom the bail-out money should be going to. (Well, maybe not all of it ;) but certainly a portion). Very much liked your comparison to a "pre-existing condition". Of course you should be able to collect unemployment. I have said this before: write to your congressman and Senator - they might like to pick up the banner for you. Sorry, really, and keep your spirits up. I really have high hopes for this new administration, who care about people like us.
Hey everyone, thanks for all the great comments, insights and encouragement!
Kent,

Great post.

I thought about attempting some cogent comments regarding closely held corporations and decided not to due their inherent complexity. Your post very nicely explains one of a number of complex reasons why state sponsored employment insurance doesn't work well with very small incorporated firms. There are also others.

I would agree that the poster from the midwest has made an excellent observation, however that does not mean that I support the idea of broadly applying employment insurance to the self employed sector (incorporated or not). I highly doubt it could be made to work, partly for the reasons you have articulated.
Coming to this late, but having been on all sides of this issue, I want to say 1) self-employed people DO pay self-employment tax, though I believe it all goes to social security. This could be changed by the Obama administration to parse the tax out differently 2) Small businesses do pay into unemployment if you have employees, and the government matches your payments. It's like a bank account, though. If you don't pay in (by using subcontractors), your employees don't have the ability to get unemployment. 3) this is one of the reasons that most small businesses use outside vendors/subcontractors, to avoid paying into that fund, as well as social security. 4) My experience is, it's a waste of time getting into the unemployment benefits process given the puny income from benefits - less than a quarter of the original take home pay.

Finally - this post and all comments should be sent to Obama via change.gov, as well as to your congressional rep.
@Ardee:

Thanks for the post. "My experience is, it's a waste of time getting into the unemployment benefits process given the puny income from benefits - less than a quarter of the original take home pay."

But I have to tell you, when you actually wake up in the morning wondering how much longer you'll have money for food, "puny" is huge. My landlords have been quite forgiving of rent and their example needs to be followed by others if we are to make it through this as a nation.

It would be great if we all sent this to change.gov and some other sites too, like democraticunderground.com and dailykos.com. It's important not to give up just because Obama's been elected!
I'll do that today! This is a topic that is crucial for millions - they have o listen.
The government is not the answer! Even with a new President and a possible return of ethics to public service, gov services will never be adequate to anyones needs. I also own my own business. I'd suggest that you look into creating a new income stream (alternate cash flow) because if you depend on the "government pool" you're share will never be enough and sooner or later the pool becomes stagnant.
We should talk!
Your, not you're My Bad
Jim, not my post. (But I agree it's good.)