Legal Question in Business Law in California

Just filed paperwork for company incorporation in California. Have not sold stock, and am interested to know how this would affect my unemployment benefits that I currently receive? This is a home business with little to no hope of having any income for a couple of years.


Asked on 12/05/09, 3:15 pm

2 Answers from Attorneys

I believe that if your new corporation is hiring you as a W-2 or a 1099 worker, then this will affect your ability to claim unemployment insurance benefits. However, if you are still working as someone else's W-2 employee you may be entitled to benefits. Generally, sole proprietors (or the self-employed) are not entiteld to benefits. I strongly recommend contacting the EDD to get a more definitive answer.

http://www.edd.ca.gov/uirep/uiloc.htm

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Answered on 12/10/09, 2:18 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I agree with the previous answer, but would emphasize that neither forming a corporation nor investing in a corporation constitute employment as such. There is going to be some point at which being (for example) the president of a company you own will become employment, but as a practical matter that will not happen until the corporation starts compensating you, rather than you putting money into the corporation to capitalize it. Ask the EDD.

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Answered on 12/11/09, 12:57 pm


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