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Can I get PA UC benefits for under-the-table work if employer fired me without notice?

So I've been working as a bartender for almost 2 years at this small local place. My boss always paid me in cash, no paperwork, no tax forms, nothing. Last week he told me not to come back because business is slow. I'm wondering if I can still apply for unemployment? I know it sounds stupid but I really needed that job and now I'm desperate. I didn't even think about it being 'under the table' until now when I'm trying to figure out how to pay rent next month. Has anyone ever successfully gotten PA unemployment for a job that wasn't officially on the books?

Sorry to break it to you but NO WAY. UC is based on reported wages that employers pay into the system. If your employer wasn't reporting your income, there's nothing there for you to claim against. You're basically invisible to the unemployment system.

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Damn that's what I was afraid of. So I'm just screwed because he didn't do things legally?

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I hate to be the bearer of bad news, but unemployment benefits in Pennsylvania are only available for work where taxes were properly withheld and reported to the state. When you work 'under the table,' neither you nor your employer paid into the UC system, which is what funds benefits. If you have no wage records in the system, there's no basis for a claim. That said, you might want to contact the PA Department of Labor about this situation. Your employer was likely violating labor laws by not properly classifying you as an employee. While this won't help with immediate UC benefits, it could lead to other remedies.

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This is exactly right! My cousin had this happen and reported the employer to the Dept of Labor. Took almost a year but they eventually forced the employer to pay all the back taxes and he qualified for benefits retroactively. It's a long process tho.

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When i tried to file after my landscaping job (cash only) the unemployment office actually reported ME to the IRS for not declaring income!!! Be careful what you admit to the government!!! They dont care that your boss screwed you, they just see you as not paying taxes!!!

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omg thats terrible! so the person already dealing with losing income gets punished AGAIN?? The system is rigged against workers this is why i hate dealing with all these government agencies

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This situation is unfortunately common, but there's some important information you should know. Pennsylvania UC benefits are based on wages reported by employers who pay unemployment taxes. For 'under the table' work, those contributions weren't made. However, this doesn't mean you have no options: 1. If you had any legitimate employment in the past 18 months besides this job, you might still qualify for benefits based on those wages. 2. You can report your employer for improper classification. In Pennsylvania, most service industry workers should be classified as employees, not independent contractors or 'off the books' workers. 3. The Department of Labor & Industry has a form (LLC-25) for reporting suspected misclassification. While pursuing this won't get you immediate benefits, it could potentially result in retroactive eligibility if an investigation determines you were improperly classified.

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Thank you for this detailed info! I did have another job about 14 months ago that was legit (with taxes and everything) before I started at the bar. It was part-time at a retail store. Would that possibly count? And I'll definitely look into that LLC-25 form you mentioned.

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I've been trying to reach PA unemployment for a similar situation (my boss paid half on books, half cash). It took me over 30 calls just to reach a human being who told me I needed to speak with a claims examiner about my specific situation. Then I discovered Claimyr.com which got me through to PA UC in about 15 minutes instead of spending days redialing. They have a demo video at https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 showing how it works. It doesn't solve the eligibility issue but at least you can talk to someone who can give you official answers about your situation.

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Thanks for the tip! I'll check out that service because I do need to talk to an actual person about my situation. Trying to get through on the phone has been impossible.

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To answer your question about your previous retail job: Yes, that could potentially qualify you for benefits if it was within your base year. PA UC looks at the first four of the last five completed calendar quarters before you apply. If you had enough earnings in that period from legitimate employment, you might qualify for some benefits, though they'd likely be lower than if all your work had been properly reported. I'd recommend applying anyway and being completely truthful about both jobs. The worst they can say is no, but you might be eligible for at least some benefits based on that retail position.

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this is right but also remember they look at how much u earned each quarter so if that retail job was just like 10hrs a week it might not be enough to qualify. PA has minimum earning requirements for each quarter

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Just wanted to add - file your taxes properly for 2025 and report the income you made from the bar job as self-employment income!! Im not a tax expert but I THINK you can do that with Form 1099 or something. It wont help with unemployment now but it helps establish that you were working legitimately even if your boss wasnt doing things right. Plus then you dont have to worry about IRS coming after YOU later when they should be going after your boss!

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That's good advice about the taxes. I don't want to get in trouble with the IRS on top of everything else. I'm going to talk to a tax preparer about the right way to report it.

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After you speak with UC, you might also want to contact the PA Attorney General's Labor Section. They handle wage theft cases, and paying employees 'under the table' to avoid taxes and benefits is a form of wage theft. While this is separate from unemployment benefits, you might be entitled to other compensation if your employer was violating labor laws. Document everything - how long you worked there, how much you were paid, any witnesses to your employment, text messages about your schedule, etc. This documentation will be crucial for any investigation.

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THIS!! My friends uncle got backpay + penalties when his construction company boss did this to him and 3 other guys. Document EVERYTHING!!!

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soooo my friend had something kinda similar happen and she just applied for benefits saying she worked there normally. the employer didnt contest it cuz they didnt want to admit they were paying under table... she got benefits for like 4 months before they figured it out. not saying u should do that but 🤷‍♀️

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I would strongly advise against this approach. Providing false information on a UC application is fraud and can result in having to repay all benefits with penalties, plus potential criminal charges. Pennsylvania has been cracking down on UC fraud since the pandemic.

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I want to thank everyone for the advice. I'm going to try applying based on my previous retail job and be honest about the bar situation. I'll also look into reporting the misclassification with the LLC-25 form and gather all my evidence (texts about shifts, witnesses, etc). I used that Claimyr service someone mentioned and actually got through to a person at UC who told me I should apply anyway and let them make the determination. Worst case I'll be denied but at least I'll have tried everything. This is a tough lesson about making sure future jobs are legitimate with proper tax withholding.

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Good luck with your application! You're taking the right approach by being honest and exploring all your options. Just wanted to add that when you do apply, make sure to mention any tips you received at the bar job if you reported them on past tax returns - sometimes people forget that tip income can count toward eligibility if it was properly reported. Also, keep records of all your contacts with the Department of Labor about the misclassification issue, as this could be helpful if they do investigate your employer. The fact that you're being proactive about reporting the situation properly shows you're handling this the right way despite your employer's poor practices.

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That's really good advice about the tips! I actually did report some of my tip income on my 2024 taxes because I was worried about having such low reported income. Not all of it, but definitely some. I hadn't thought about that possibly helping with eligibility. And yes, I'm definitely going to keep detailed records of everything moving forward - this whole situation has been a real wake-up call about protecting myself as a worker. Thanks for the encouragement!

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I went through something similar a few years ago working at a pizza place. The owner paid everyone cash and when I got fired, I was in the same boat. What I learned is that even though you can't get UC benefits for the under-the-table work, you might still qualify for other assistance programs like SNAP (food stamps) or emergency rental assistance through your county. I know it's not the same as unemployment, but it can help bridge the gap while you're looking for new work. Also, don't feel bad about not knowing the tax implications - a lot of employers in the service industry take advantage of workers who don't realize they're being screwed over. You're doing the right thing by asking questions and trying to handle this properly now.

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