Not an answer, but may help.
Try asking on this forum:
http://forums.freelanceswitch.com/

Also…as a word of advice, check you're spelling and grammar when posting. Even though you may be a bit frustrated with your current situation, it's always a good idea to present yourself as professionally as possible.

"check you’re spelling and grammar"

indeed.

(sorry, couldn't resist)

Oops, terrible spelling mistake. Thanks.

^^ hilarious

To answer your question... yes.

Yes, pursue unemployment? I'm on call too [I think], so that could be weird?

If you qualify for it, you should receive something in the mail. If you don't receive anything in the mail, you can contact/visit your local government employment office to see if you qualify. It is OK to work while on unemployment, you simply need to report your wages/earnings and let them figure out what you qualify for. Of course, the more you make, the less unemployment you will get.

Also, if you were freelancing, your employer/client might not have been paying for unemployment benefits (in which case, you would have no claim).

I'm not a lawyer but my understanding is:

If your "employer"* was withholding taxes and you were in-house and they controlled the hours you worked, paid you just for showing up (as opposed to for a particular project) and controlled how the work was done (among other things) then you were most likely an employee by the IRS definition, and probably qualify for unemployment.

If not, then maybe you were a freelancer by definition, maybe not. If the IRS classifies you as an employee but the employer didn't pay all the taxes and benefits (including unemployment) that they should have, the employer could face fines and penalties.

The IRS has good information on their website.

My take is (and this is only MY OPINION): if you really need the unemployment, contact your state labor board or the IRS to ask if you were an employee. (There is a form to file if you need to report the company.) If you prefer to keep the client relationship and can get by without unemployment, don't.

*Employees have employers, freelancers have clients.

For California residents.

http://www.edd.ca.gov/

- it really depends on where you live as to the specific rules
- being an independant contractor is usually a detriment in terms of qualifying for unemployment
- "We'll call you", like in relationships, usually means "it was fun, but we're not going see you again"
- good luck. It's a tough economy out there. I spent a greater portion of this year unemployed as well. The plus, however, was that I finally spent some time re-focusing and updating my portfolio (which was a way overdue task).

Ok so it sounds like I was technically an employee under your definitions.

Is there any way it might piss off the company? Anyone I worked for? Or would it just go through payroll?

Regardless of how all this works out, I suggest everyone who can join Freelancers Union

They have successfully gotten the unincorporated business tax repealed in NY as it applies to freelance work, and are lobbying for changes in the unemployment laws.

I've had my own business for close to 20 years, pay double unemployment insurance, as a business, and as an employee, yet it is currently impossible for me to collect any unemployment, if I go through a slow period.

They have successfully gotten the unincorporated business tax repealed in NY as it applies to freelance work…

I had no idea. If they put that on their subway ads I’d have joined months ago. Thanks for the heads up!