A person has been out of work for about six months and was unable to apply for unemployment due to lack of proper forms and pay stubs because payments were made in cash by employer and employer has failed to pay taxes. Employer has also failed to turn in w-2s. This will be addressed by IRS contacting employer to provide proper forms. Can unemployment be collected retroactive in this situation and if so what should exactly be said to unemployment agent and what kinds of forms, information would be necessary to get unemployment compensation benefits?
Real Estate Attorney
I think you are best off contacting an attorney about your question.
As a general principle, if the employer does not give written notice and the claimant doesn't file a timely application for benefits, he or she is entitled to have the claim pre-dated to the first week of UI eligibility. It may not, thus, be strictly speaking necessary to hire an attorney. However, there may be mitigating circumstances that make filing difficult.