PA UC complications with tutoring as independent contractor - will my claim be denied?

Unfortunately, PA UC has strict rules about self-employment/independent contractor status. When you work as an IC, technically you're running your own business, which conflicts with being "able and available for work" as required for UC eligibility. The examiner will likely look at how much control the tutoring company had over your work schedule and methods - the less control they had, the more likely you'll be considered truly self-employed. In my experience helping people with similar situations, there are a few possibilities: 1. They could determine the tutoring company misclassified you (you should have been an employee) and allow your claim to continue 2. They might issue a partial denial for the weeks you worked as an IC 3. Worst case, they could disqualify you entirely and request repayment I'd recommend gathering any documentation showing the tutoring company controlled your schedule, provided training, or otherwise treated you like an employee rather than a contractor. That could help your case.

omg this happened to my cousin!!! she was doing instacart deliveries while on UC and they made her pay EVERYTHING back it was like $8000!!! they said she was self employed and that makes u ineligible. she tried to fight it but lost the appeal. soooo messed up bc the UC people never explained that to her either!

I work with UI cases, and there's some hope in your situation. Because you reported the income consistently, you've demonstrated good faith compliance, which examiners do consider. The determining factor will be whether your tutoring role actually meets the legal classification of an IC. The IRS and PA use similar tests for this: - Did the company control when and how you worked? - Did they provide materials and training? - Could you work for competing tutoring services? - Did you have your own business expenses? If the company controlled most aspects of your work, you can argue you were misclassified. Pennsylvania recognizes that many workers are incorrectly classified as ICs when they should be employees. Write a detailed letter explaining why you believe you were actually an employee and submit it to your examiner.

THE WHOLE SYSTEM IS DESIGNED TO TRAP PEOPLE!!! they NEVER clearly explain these rules and then punish us when we break them accidentally!!! i had almost the EXACT same thing happen with a food delivery app job and they cut me off for 6 WEEKS while "investigating" only to decide i was "running a business" by delivering food 10 hrs a week. RIDICULOUS!!! fight this with everything you have because PA UC just wants reasons to deny claims!!!!

If you're trying to call PA UC about this issue, good luck getting through. I spent 14 days straight trying to reach someone about my misclassification issue. Busy signals, disconnections, and the callback feature never worked. I eventually used Claimyr.com to get through - it was the only way I could finally talk to a representative. They have a demo video at https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 that shows how it works. Saved me weeks of frustration because I was able to explain my situation directly to someone who could help rather than just waiting and hoping.

not sure if this helps but i had a situation kinda like this last year. was teaching piano lessons from home while on uc and didnt know it counted as self employment. they did put my claim on hold for like a month but eventually decided i could keep getting benefits as long as i stopped teaching. didnt make me pay anything back cuz i reported all the income. maybe youll have same outcome?? def depends on the examiner tho some r nice and some r not lol

Based on what you've shared in your responses, I think you have a strong case for arguing that you were misclassified. The company controlled your schedule, provided materials, had a non-compete clause, and required specific curriculum use - these are all indicators of an employee relationship, not an independent contractor. I recommend: 1. Upload a detailed letter to your portal explaining these factors 2. Include any documentation showing these elements of control (employment agreement, schedule assignments, etc.) 3. Reference the IRS and PA Department of Labor guidelines on worker classification 4. Request that they recognize this as a misclassification rather than true self-employment Also, be sure to keep filing your weekly claims while this is under review, even if they're not paying you. This protects your right to those weeks if the decision is in your favor.

just wondering... did the tutoring place give you a 1099 form or were they paying you cash? if they didn't give you tax forms maybe UC won't be able to prove anything? just thinking out loud here...

One more important point: PA unemployment law provides some protection under Section 402(h) for individuals who are forced to take self-employment out of economic necessity while searching for regular employment. If you can demonstrate that you were actively applying for full-time traditional employment during this period, and only took the tutoring gig to temporarily supplement your benefits, this can strengthen your case. Also, if the amount you earned was truly minimal (which $95/week certainly is), examiners do have some discretion. Document every job you applied for during this time and have that information ready for your examiner. Maintaining an active job search is crucial in these cases.