Legal Question in Employment Law in New Jersey

This is about unemployment in NJ. I have lost my job and filed for unemployment benefits. Can I create an LLC as a sole proprietor, work and still collect my unemployment benefits? If I go for the SEA , once my 26 weeks runs out, I cannot get any extensions should any be implemented.

How would going for the LLC impact assistance to COBRA payments that was pasted this year?


Asked on 9/12/09, 11:45 am

1 Answer from Attorneys

Randall Brett Law Office of Randall P. Brett

In general, the criteria for unemployment benefits - and what you have to attest to each week for which you collect benefits - is that you are available for and actively seeking work. You have to report any earnings from work, commissions, or self employment income. There is a formula used to calculate your benefits if you have any income; go to the NJDOL home page and follow the links to the unemployment compensation page for information on the formula and other UC questions.

Your eligibility for the 65% COBRA subsidy should not be affected by forming an LLC.

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Answered on 9/17/09, 12:00 pm


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