"Locally those with a real estate licence have always been ineligible for employment benefits."

that's simply not true, and the state employment agency will confirm this via their own eligibility requirements.

they would have no qualifying income and no eligibility if they had ONLY commission income as an independent contractor up to 18 months (or the "base period") prior to applying for UI benefits. it's the type of employment and earned income during the base period that matters.

Rules May Vary depending upon the country and whether its a State or Federal program. Consider the following:

Sometime ago in Canada there was an issue regarding allowable tax deductions for business related expenses by real estate agents and what their actual status was in relation to the deductions claimed on their tax returns.

The primary issue was whether agents who normally enter into a contract with a brokerage firm were actually "Employee's" or "Independent Contractor's" and entitled to what, if any of the claimed tax deductions on their tax returns.

In determining the issue is was neccessary for the government to examine the precise legal wording of the agents aforementioned contracts in order to determine their actural status.

But, what also emanated from that examination and judgement was that the agents were "both contractually employed", but in distinctly different capacities and which was evident in the wording of their employment contracts.

Therefore, a licenced agent who enters into either a valid "Employment Contract" or a "Independent Contractors Agreement" with a brokerage firm, was deemed to be employed and consequently ineligable to receive employment benefits.

Important Notice: This information is provided as basic educational information by the author and is not a substitute for the advice of an expert and/or the advice of a lawyer. There is NO representation as to legality, accuracy, correctness of the herein information and the reader is strongly urged to consult a lawyer in the relevant jurisdiction to ensure accuracy before acting on this information.

wow, I didn't think it was possible, but I've finally found someone MORE argumentative than myself...Devil's Advocate.

This is from the Texas Workforce Commission. I cannot ever seem to get anyone on the phone.

How Do I Report My Hours Worked and Earnings, If I Work While Receiving Benefits?
If you worked at all during any week for which you request payment, report your hours and total wages before any deductions for that week. Report all of your hours worked and earnings or you may have to repay benefits, may lose the rights to any other benefits in your benefit year, and face prosecution for fraud. The workweek for reporting hours and earnings begins on Sunday and ends on Saturday.

Report the total number of hours worked for each week you worked. You must report your hours and earnings each time you work whether from full-time, part-time, or temporary work including "contract labor," commissions, tips, or self-employment profits. Report your total wages before deductions, including wages earned from any U.S. military service, National Guard, or reservist duties for that week.


Report all earnings for the week in which you earn them, not necessarily when the employer pays you.


Report your total earnings before deductions (gross pay); not your "take home" pay.


Report all your earnings in whole dollars, dropping any cents. For example, if you earn $100.75, report $100.


If you are self-employed, report your profits. Profits are the net amount you made above your expenses.
NOTE: If you use Tele-Serv to request payment, the automated system asks, "Did you work or earn wages of any kind during the claim period?" If you worked, but have no profits to report, answer "Yes," and report zero dollars ($0) earned. Tele-Serv will ask whether you were employed in commission sales or self-employment. Answer "Yes."
How Will Part-Time Work Affect My Payments?
If you work part-time, you may be able to receive some benefits. Your Statement of Benefits tells you your weekly benefit amount and your weekly earnings allowance. Your earnings allowance is one and one quarter times (125% of) your weekly benefit amount. If your actual weekly earnings are less than your earnings allowance, TWC will pay you the difference between the amounts as long as you meet all other requirements, including looking for full-time work. You can receive 25% more income from part-time work and partial unemployment combined, than from unemployment alone. Your benefits also may last longer. If you are working the full-time customary hours for your occupation, you are not eligible to receive UI benefits, even if your earnings are less than 125% of your weekly benefit amount.