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My wife, on occasion, is called upon to consult at a former employer, which had been after hours with-respect-to her normal 9 to 5 job. She was laid-off from her 9-5 job, however, she still gets called in to do 2 hours here and there, as a consultant at a former 9 to 5 job - I believe it would be termed - "consultant" and she gets 1099-R pay.

Can she apply for and receive unemployment?

I know that the forms and questions they ask have, from my point of view, ambiguous questions that if mis-answered, disqualify someone immediately. Like "did the tooth-fairy leave $1 under your pillow last night?" - Yes. Red-flag! Perform financial analysis for last 10 years to see if you qualify... I just want to avoid any pitfalls and red tape that otherwise ends up at the same conclusion, albeit with less paperwork.

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Unemployment is a state not federal program so it would be important to know what state you are in. For my state, California, it appears that your wife would be eligible:

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Meeting Eligibility Requirements

An individual who files for unemployment insurance (UI) benefits must meet specific eligibility requirements before benefits can be paid. Individuals must:

  • Have received enough wages during the base period to establish a claim.
  • Be totally or partially unemployed.
  • Be unemployed through no fault of his/her own.
  • Be physically able to work.
  • Be available for work which means to be ready and willing to immediately accept work.
  • Be actively looking for work.
  • Meet eligibility requirements each week benefits are claimed.
  • Be approved for training before training benefits can be paid.
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