Eligible for Applying Unemployment? (For US-based translator)
Thread poster: Sachiko Deguzman
Sachiko Deguzman
Sachiko Deguzman  Identity Verified
United States
Local time: 07:22
English to Japanese
Mar 27, 2020

Hi to everyone! I hope everyone is staying safe during this coronavirus outbreak.

Through a translation agency in the US, I was getting translation projects for the cruise company that was involved in this coronavirus outbreak. As this cruise company stopped their business for a while, I am not getting any work for this cruise company from this agency. I am receiving other jobs, but my workload (and paycheck) is reduced. Then I read the following article after $2 trillion stimulus
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Hi to everyone! I hope everyone is staying safe during this coronavirus outbreak.

Through a translation agency in the US, I was getting translation projects for the cruise company that was involved in this coronavirus outbreak. As this cruise company stopped their business for a while, I am not getting any work for this cruise company from this agency. I am receiving other jobs, but my workload (and paycheck) is reduced. Then I read the following article after $2 trillion stimulus package was approved to help us during this pandemic.

"The stimulus package loosens unemployment insurance eligibility requirements to include those who are self-employed, gig workers, independent contractors and freelancers."
"For those who *don't* qualify for regular UI (self emp, not enough hours, COVID related quits or caregiving) there will be a Pandemic Unemployment Assistance that pays 1/2 of state average benefits+$600/week. In place through Dec 2020. Feds pay for it all."
https://www.cnbc.com/2020/03/26/coronavirus-relief-act-expanded-unemployment-payment-and-eligibility.html

Do you think freelance translators are eligible to apply for unemployment benefit this time? I appreciate if you can share some thoughts. Thank you!



[Edited at 2020-03-28 02:20 GMT]
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IrinaN
IrinaN
United States
Local time: 06:22
English to Russian
+ ...
As far as I understand Mar 27, 2020

It depends on your state. The state has to be declared a Major Disaster Area and then yes, the self-employed are eligible. Translator's situation is tricky but for "pure" interpreters it could be easier - inability to reach a place of work is one of the reasons for eligibility. My case times 3 in one month

"Today, President Donald J. Trump declared that a major disaster exists in the State of Texas and ordered Federal
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It depends on your state. The state has to be declared a Major Disaster Area and then yes, the self-employed are eligible. Translator's situation is tricky but for "pure" interpreters it could be easier - inability to reach a place of work is one of the reasons for eligibility. My case times 3 in one month

"Today, President Donald J. Trump declared that a major disaster exists in the State of Texas and ordered Federal assistance to supplement State and local recovery efforts in the areas affected by the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing."

"Reduced" is not, and never has been, a reason for self-employed to get emergency unemployment. If you are still making some money from your home, you must report it. They'll find it out sooner or later; this is called "government fraud".

But don't take anything I've said at face value. Check your particular case yourself. Just try to get to Workforce site of your state and see what happens.

Be prepared that those sites are overwhelmed to the point of non-responding/crashing.

[Edited at 2020-03-27 23:51 GMT]
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Kevin Fulton
Kevin Fulton  Identity Verified
United States
Local time: 07:22
German to English
Don't count on it Mar 28, 2020

S. D. wrote:

Do you think freelance translators are eligible to apply for unemployment benefit this time? I appreciate if you can share some thoughts. Thank you!



[Edited at 2020-03-28 02:20 GMT]


US Government relief policies have always been quite restrictive regarding small businesses and the self-employed, the best example being congressional resistance against benefits provided by the ACA ("ObamaCare"). I would be shocked – and pleasantly surprised – if the current legislation provides any meaningful support to small businesses and the self-employed.


 
IrinaN
IrinaN
United States
Local time: 06:22
English to Russian
+ ...
Kevin is right in 99.99% of the cases Mar 28, 2020

But major disasters, which Houston had plenty of, open a very narrow window. On a side note, it's a bit scary to think of the approaching hurricane season on top of all.

One example: My personal acquaintance, a freelancer, received unemployment benefits due to loss of home office to hurricane Harvey - in fact, the entire first floor of the house was flooded and the family with a child and a pet had to weather it for months in a crammed motel room provided by FEMA. No proper conditio
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But major disasters, which Houston had plenty of, open a very narrow window. On a side note, it's a bit scary to think of the approaching hurricane season on top of all.

One example: My personal acquaintance, a freelancer, received unemployment benefits due to loss of home office to hurricane Harvey - in fact, the entire first floor of the house was flooded and the family with a child and a pet had to weather it for months in a crammed motel room provided by FEMA. No proper conditions for any kind of work - remote interpreting requires a quiet, noise free space/office, and no place to set up a usable office space with reliable Internet connection. They had 2 furniture surfaces for everything.

For non-emergency situations:

***If you’re operating as a sole proprietor, the answer is no. However, if you structure your business as an S corporation and put yourself on the payroll as a salaried employee, you’ll be eligible for unemployment in most states, though not all.***

I seriously doubt that I could be eligible even though I keep 3 cancelled POs/emails for interpretation assignments - two out of state, including one in NY, and one where only the skeleton crew and a few full-timers are working at the moment. All cancellations specify COVID-19, currently under a major disaster status, as a reason. ~10K down the drain in March-April for pre-scheduled work only. You made me wonder - maybe I should give it a try?
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Sachiko Deguzman
Sachiko Deguzman  Identity Verified
United States
Local time: 07:22
English to Japanese
TOPIC STARTER
Thank you! Mar 28, 2020

I appreciate both of you taking time to share your thoughts on this. In the state I live, North Carolina, the governor declared the state of emergency and President Trump approved a major disaster declaration for North Carolina. I definitely do not want to do "government fraud", so I will check with NC's site or contact them to inquire. Most likely the 'reduced' pay will not be considered (although some sites mention it will...) , I suppose. In that case, I will focus on finding more work by tak... See more
I appreciate both of you taking time to share your thoughts on this. In the state I live, North Carolina, the governor declared the state of emergency and President Trump approved a major disaster declaration for North Carolina. I definitely do not want to do "government fraud", so I will check with NC's site or contact them to inquire. Most likely the 'reduced' pay will not be considered (although some sites mention it will...) , I suppose. In that case, I will focus on finding more work by taking this as 'slow time'. Thank you for your helpCollapse


 
Teresa Reinhardt
Teresa Reinhardt  Identity Verified
United States
Local time: 04:22
Member (2002)
German to English
+ ...
Update and question Apr 1, 2020

Hi,

I am assuming that most translators in the US are waiting for details on the much touted "unemployment benefits for the self-employed". Please let me know if you know more; here's my take so far.

Today, I received info from my Congressman (Peter de Fazio, D-OR). Quoting from this email:

"Am I eligible for unemployment insurance if I am self-employed, an independent contractor, or a “gig economy” worker?
Yes. The CARES Act permits states to exp
... See more
Hi,

I am assuming that most translators in the US are waiting for details on the much touted "unemployment benefits for the self-employed". Please let me know if you know more; here's my take so far.

Today, I received info from my Congressman (Peter de Fazio, D-OR). Quoting from this email:

"Am I eligible for unemployment insurance if I am self-employed, an independent contractor, or a “gig economy” worker?
Yes. The CARES Act permits states to expand eligibility to provide Unemployment Insurance benefits to workers who are not normally eligible, so long as their unemployment is connected to the COVID-19 pandemic. Expanded eligibility provides benefits to self-employed individuals, independent contractors, “gig economy” workers, and individuals who were unable to start a new job or contract due to the pandemic. Basically, this will be implemented by each state individually, which may take some time."

The key sentence here seems to be "so long as their unemployment is connected to the COVID-19 pandemic."
While the President signed a disaster declaration for Oregon (backdated to Jan 20), I have no idea how I could possibly prove that any losses (= no paid work) are due to the virus.

Another email I got today from the ATA simply states:

"The unemployment provisions will help anyone who has been diagnosed with COVID-19 or who has had to care for a stricken family member."

So if I don't have the virus, I am out of luck??? (At least for benefit purposes). What if most of my potential clients seem to have closed down?

I will see if my state's unEmployment Department is already set up to answer related questions. It would be nice if others would share their experiences. Since there is always strength in numbers, the ATA might be another avenue. Would they have the clout to represent our interests in this matter?

Looking forward to seeing if there is interest in pursuing this; I will copy the ATA on this post.

Hang on there,
and stay health!

Teresa
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Liviu-Lee Roth
Liviu-Lee Roth
United States
Local time: 07:22
Romanian to English
+ ...
The latest from PA Apr 1, 2020

Self-employed Federal CARES Update
The federal CARES Act will provide unemployment benefits to the self-employed, gig workers, and other individuals who previously were not eligible for unemployment. Special instructions will be provided to these individuals. At this time, you should NOT file a claim through the existing online system or phone number if you are not currently eligible for unemployment.

I am a court and medical interpreter as well as a translator. I can claim th
... See more
Self-employed Federal CARES Update
The federal CARES Act will provide unemployment benefits to the self-employed, gig workers, and other individuals who previously were not eligible for unemployment. Special instructions will be provided to these individuals. At this time, you should NOT file a claim through the existing online system or phone number if you are not currently eligible for unemployment.

I am a court and medical interpreter as well as a translator. I can claim that due to the virus the courts have been closed and our access to hospitals has been limited, therefore I am entitled to a claim. My question is how can we „quantify” our loss. I would suggest them to take my tax returns from 2018 and 2019 and get an average monthly income. Also, unfortunately, I lost a lot of business due to cancellation of criminal trials in federal courts all over the country. States don't pay for the federal govt.
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IrinaN
IrinaN
United States
Local time: 06:22
English to Russian
+ ...
Hi Teresa Apr 1, 2020

I would suggest trying to figure out current status of your clients, direct or agencies. Have they closed their businesses? Have they lost contacts temporarily with their foreign clients due to shutdown of those businesses. Try to prove "interruption of the supply chain".

If fact, I did indeed give it a try. I was hit hard, and I have proof. After paying more taxes than some receive in welfare for generations, I decided that I should not be too proud or ashamed. Haha... Texas Workfo
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I would suggest trying to figure out current status of your clients, direct or agencies. Have they closed their businesses? Have they lost contacts temporarily with their foreign clients due to shutdown of those businesses. Try to prove "interruption of the supply chain".

If fact, I did indeed give it a try. I was hit hard, and I have proof. After paying more taxes than some receive in welfare for generations, I decided that I should not be too proud or ashamed. Haha... Texas Workforce Commission site is almost down, at it lets you log on and fill out 2 pages at best. Then you click "Next" and it throws you out - Page unavailable or "Call the number". I made about 1000! attempts to call Tele-Center to no avail. I just kept redialing while watching movies. Also, about 10 times I reached the first recording about transfer to the first available operator. Got thrown out again or transferred to another recording "We can't handle your call at the moment, go online". People keep saying that they can't reach TWC by any means for 3 weeks! There is no way to mail, fax or deliver the application in person. Unemployment benefits start only 1 week prior to the date of application, 2 weeks lost already.

Government is there to help but can't manage its own generous offer As usual.
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IrinaN
IrinaN
United States
Local time: 06:22
English to Russian
+ ...
About reduced income Apr 1, 2020

To the best of my knowledge, this will work for small businesses and all corporations. If they can prove that their income was reduced by 30% and more compared to the last year, they will be relieved of corporate (not payroll) taxes for up to 5 years. Not sure if it is just suspension or for good. Good CPAs can help with the application form and file it.

 
Sachiko Deguzman
Sachiko Deguzman  Identity Verified
United States
Local time: 07:22
English to Japanese
TOPIC STARTER
Update from NC Apr 2, 2020

Thank you everyone for sharing your experience, information, ideas. I hope and pray that everyone is staying well.

I decided to give it a try and apply for it. NC site asks all the applicants to open an account, so I did.
Before I can enter all other necessary information to apply, I needed to activate my account using the link provided in my email. This activation process is glitched and not working. I called the phone number listed in the email, but they do not even put me
... See more
Thank you everyone for sharing your experience, information, ideas. I hope and pray that everyone is staying well.

I decided to give it a try and apply for it. NC site asks all the applicants to open an account, so I did.
Before I can enter all other necessary information to apply, I needed to activate my account using the link provided in my email. This activation process is glitched and not working. I called the phone number listed in the email, but they do not even put me on hold and the automated system just asked me to check the website and hung up. So... I cannot even apply so far. I read similar situations for other states in one article as many people are applying now. I do not know when I will get my turn to apply.

As for "quantify", I am thinking about using 1099-MISC that I have been receiving in the past. However, I am afraid that NC will consider this amount can be fluctuated anyway whether or not we have this coronavirus outbreak.

In order to "prove that any losses (= no paid work) are due to the virus", I was wondering if I can get a statement from the agency that I work with explaining that I cannot get any translation work from the client (in my case the cruise company and the research institute) due to COVID-19.

My friend works as a flight attendant for major airline company. She "chose" not to work until the end of April as she does not catch the virus, which I totally understand, and gave away her shift to her colleague. And yet she gets paid for the entire month in full as she is "on-call". I am always on-call as well, but no pay, no protection, not even being able to apply for unemployment benefit.... Life is not always fair, but I still feel thankful for good health Stay safe and healthy!
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Esther Pugh
Esther Pugh  Identity Verified
United States
Local time: 07:22
Member (2014)
English to German
+ ...
Guidelines not too clear Apr 6, 2020

There is too little info out there about how that would work for 1099-MISC ICs.
The only sure thing so far is the 1,200 USD from govt that we will receive no matter what.

There are small business loans, as I understand it, that are for those who have employees, so that they can continue employing them, and to avoid worse unemployment numbers in the US.

I definitely wouldn't apply for "regular" unemployment benefits, because as an IC/freelancer, you simply don't pa
... See more
There is too little info out there about how that would work for 1099-MISC ICs.
The only sure thing so far is the 1,200 USD from govt that we will receive no matter what.

There are small business loans, as I understand it, that are for those who have employees, so that they can continue employing them, and to avoid worse unemployment numbers in the US.

I definitely wouldn't apply for "regular" unemployment benefits, because as an IC/freelancer, you simply don't pay into the UI system. Also, especially in CA these days: if you apply for unemployment, the EDD will tell you that you may have been misclassified, so your clients could get into trouble on top of everything else, due to AB5.

I am unaware of any other options and guidelines at this point. And at the same time, how do you measure income loss, and how do you attribute it to COVID if your income is based on 1099s? Could be anything.

It'll be interesting to see how this develops.

[Edited at 2020-04-06 14:08 GMT]
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Kevin Fulton
 


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Eligible for Applying Unemployment? (For US-based translator)







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