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Is it legal for my employer to tell me to file for unemployment while pregnant instead of maternity leave?

I work for a small business with only 8 employees total. During my first pregnancy in 2023, my employer told me to file for unemployment "because they pay into it for a reason" instead of providing maternity leave. When I honestly stated on my application that I was applying because I had a baby, I was denied benefits. My employer eventually paid me $400 per week for the 8 weeks I was out. I'm pregnant again and due in October. My employer is now telling me to file for unemployment again, but this time to claim I'm being "laid off" and not mention the pregnancy at all. They promised my job will be held for me (they definitely can't afford to replace or train someone new) with a return date by January 1st. They said I "should get paid no problem" and won't have to report that I'm looking for work. They're saying our business numbers are down significantly from last year, so they have a "legitimate" reason to temporarily lay someone off if unemployment asks questions, and it "just happens" to be me. I asked a few friends who are moms and they said this sounds like fraud. I talked to my assistant manager who agrees it seems sketchy and I should NOT do it. My biggest concern is when I file taxes next year – I'll have to show unemployment as income and the dates will clearly align with when I had my baby, whom I'll claim as a dependent. This is really stressing me out. My employer has been great to me in many ways, so I don't want to get them in trouble, but I also don't want to commit fraud. I need some income while on maternity leave. Is this legal? Should I go through with it?

Amina Toure

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This isn't just unemployment fraud, it's also tax fraud. When filing your taxes next year, the timing of your unemployment benefits will align perfectly with your new dependent. IRS systems are designed to catch inconsistencies like this. I worked in payroll for 10 years and saw an employee attempt something similar. They ended up having to repay all unemployment benefits plus a 30% penalty, and their employer faced significant fines for encouraging the fraud. If your employer wants to help you, there are legitimate options like offering a paid leave policy, allowing remote work, or setting up a temporary part-time arrangement. If they truly value you, they should be willing to find a legal solution rather than putting you at risk.

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Ava Garcia

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Thank you for explaining the tax implications. I hadn't even thought about how this might trigger an IRS review. Do you know if there are any legal options for small businesses to help employees with maternity leave? My employer seems to think unemployment is their only option.

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Amina Toure

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Small businesses actually have several legal options to support employees during maternity leave. They can offer paid time off from their own funds (which is tax-deductible as a business expense), set up short-term disability insurance (which is relatively inexpensive), or establish a temporary flexible/remote work arrangement. Some states also have paid family leave programs that small businesses can participate in, where both employers and employees contribute small amounts throughout the year. And depending on how your employer structures your compensation, you might qualify for state disability benefits in some locations, which is completely separate from unemployment.

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As someone who processes unemployment claims, I can tell you we ABSOLUTELY look for this pattern and it's an automatic flag in our system. When someone files for unemployment then returns to the same employer shortly after having a baby, it triggers a mandatory review. Your employer is asking you to commit a federal offense that could result in: - Repaying all benefits with penalties - Being barred from receiving legitimate unemployment in the future - Potential criminal charges in severe cases - Tax complications with the IRS Plus, your employer could face significant fines for instructing you to commit fraud. If they're willing to do this, I'd be concerned about what other corners they're cutting that might affect you.

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Is there any kind of whistleblower protection if someone reports their employer for suggesting this kind of fraud? asking for a friend...

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Where do I report scholarship income on Form 1040? (Plus questions about 401k distributions and 1099-NEC)

Hey everyone, I'm trying to figure out my taxes and I have a few questions. I got a full scholarship plus a $5.5k stipend each semester from my college. Looking at my Form 1098-T, box 1 is empty but box 5 shows $11,000. From what I've read on the IRS website, this stipend amount is taxable income. The IRS website says: "If filing Form 1040 or Form 1040-SR, include the taxable portion in the total amount reported on the 'Wages, salaries, tips' line of your tax return. If the taxable amount wasn't reported on Form W-2, enter 'SCH' along with the taxable amount in the space to the left of the 'Wages, salaries, tips' line." I'm confused about what "to the left" means. Is that the dotted area? And how do I enter this when filing electronically? I also earned $8,235.45 from my regular job. Should I add these together and put $19,235.45 on that line with "SCH: $11,000" beside it? Also, I took an early distribution from my 401k (didn't have enough saved yet) and got two separate checks. I think one was from the traditional portion and one from the Roth portion since only a small part of the second check is taxable. Do I need to use Form 5329 for this? What counts as "includible in income"? Is it just the taxable amount from both checks? Finally, I got a 1099-NEC for $385 from tutoring. I understand I don't need Schedule SE since it's under $400, but I still need Schedule C. Schedule C makes it sound like I'm running a business, but I was just tutoring through another company occasionally. How do I fill this out correctly? I think I also need Schedule 1, right? Thanks for any help! I don't want to pay $125 to some tax software just because of $385 in "self-employment" income.

For the 1099-NEC specifically, I file one every year for my side gig. It's really not as scary as it seems! Schedule C is basically just telling the IRS "here's what I made and here's what I spent to make it." Even if you have zero expenses, you still file it but just put $0 for all the expense categories. One thing to note: you said you don't need Schedule SE because it's under $400, which is mostly right, but you still need to include the self-employment income on your total income for the year. That flows through from your Schedule C to Schedule 1 and then to your 1040. For tax software, many have free options that include Schedule C now! Try the IRS Free File options before paying for TurboTax.

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Amara Okafor

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Thanks for this! So to be clear, I report the $385 on Schedule C, then that goes to Schedule 1, and then to 1040? And I definitely don't need Schedule SE since it's under $400?

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That's exactly right! The $385 goes on Schedule C, which then flows to Schedule 1, and ultimately to your 1040 as part of your total income. You don't need Schedule SE when your self-employment income is under $400 because you don't owe self-employment tax below that threshold. However, you still have to report the income and pay regular income tax on it.

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Zainab Omar

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Just a heads up for the scholarship reporting - I was in the exact same situation last year and most tax software actually has a dedicated section for entering scholarship income. When you enter your 1098-T, it'll ask about the amounts and whether they were used for qualified education expenses. The software then automatically handles the "SCH" notation so you don't have to worry about the "to the left" instructions. For the 1099-NEC tutoring income, I also had a small amount last year from a teaching assistant position. The Schedule C looks intimidating but it's actually super simple for straightforward situations like tutoring. You'll just enter the income, any expenses (even if zero), and the software calculates the rest.

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This! I spent so much time stressing about the "SCH" notation until I realized the software does it automatically. Same with Schedule C - it looks way more complicated than it actually is for simple situations.

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How to determine adjusted basis for non-qualified ESPP with 20% stock match? Tax implications?

My husband participates in a non-qualified ESPP plan at his company where he gets a 20% stock match whenever he purchases shares (at the same price per share). I've been reviewing the Settlement Information documents which show the cost basis for these shares, but I'm confused about how or if the cost basis needs to be adjusted for tax purposes. From what I understand, tax is only paid on the matched shares, so I don't need to adjust the cost basis for the unmatched shares he actually purchased. Is this understanding correct? I know the adjusted basis should be compensation income plus the acquisition cost. For the matched shares, the value when they were given to him is the compensation income, but what would be considered the "acquisition cost" since he didn't actually purchase these matched shares? Do I only need to worry about the Fair Market Value when the matched shares were granted? Or do I just subtract the FMV from the proceeds to get the adjusted basis? There aren't any fees listed with these shares. Looking at the Supplemental Form, I notice the cost basis is slightly higher than the purchase price, and gain/loss is reported too. Since these were losses (some short-term and some long-term), I'm assuming there wasn't any taxation. Can I just enter them without adjusting, or do I still need to adjust them as mentioned above? And if there were gains instead of losses, how would I calculate the adjusted basis in that scenario? Nothing about these shares appears on his W-2. Thank you for any help!

Don't forget to check if your husband's company provided a Form 3922 for the ESPP purchases. This form provides the information needed to calculate your basis and holding periods. For the matched shares, some companies treat them as RSUs rather than part of the ESPP program, which might explain why they're handled differently. In my experience, the key is determining if tax was already withheld when the matched shares were granted. Check his paystubs from around the grant dates - sometimes the income and withholding for stock compensation appears there but is aggregated differently on the W-2.

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Lilah Brooks

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I'll definitely look for Form 3922! And good point about checking his paystubs - I hadn't thought to look there. Is there any specific section on the paystub where stock compensation typically appears? Also, if the matched shares are treated as RSUs, would that change how we calculate the basis?

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Stock compensation usually appears as a separate line item on paystubs, often labeled something like "Stock Awards" or "Equity Compensation." Sometimes it's under a non-cash benefits section. Look at paystubs from periods immediately following grant dates, as that's when the income would typically be recognized. If the matched shares are treated as RSUs, the tax treatment is actually similar, but the timing might be different. With RSUs, the taxable event occurs at vesting, not at grant. The FMV at vesting becomes your basis, and any subsequent appreciation is capital gain. With matched ESPP shares, the taxable event is usually at grant. The documentation from your husband's company should clarify which approach they're using.

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One thing nobody has mentioned yet - check if your husband's company offers a "Section 83(b) election" for the matched shares. This would allow you to pay tax on the shares at the grant date (based on FMV then) rather than at vesting, which could be advantageous if the shares are expected to appreciate significantly. The deadline for this election is 30 days after receiving the shares though, so it may be too late if he's already had them for a while. Just something to keep in mind for future grants!

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Isaac Wright

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Section 83(b) elections are usually more relevant for restricted stock with vesting conditions, not immediate stock matches in an ESPP. From what OP described, it sounds like the matched shares are granted immediately without vesting requirements, so 83(b) probably wouldn't apply here.

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Oliver Weber

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Something nobody's mentioned yet - if your partner gets any per diem or allowance from the union for these travel expenses, that changes things. My union provides a travel stipend for jobs beyond a certain distance, and that needs to be reported differently on taxes. If they're getting any kind of travel allowance or per diem that isn't included on their W-2, that needs to be handled carefully. Also worth checking if your partner's collective bargaining agreement has any provisions about travel reimbursement they might not be taking advantage of.

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Ava Williams

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They don't currently get any stipend or per diem for the travel unfortunately. That's why we're trying to figure out if there's any tax relief available. The union does have some provisions for travel pay, but only for jobs beyond a certain distance (I think it's 75 miles), and most of their assignments fall just under that threshold. Do you know if there's a standard mileage rate they could use instead of tracking actual gas costs?

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Oliver Weber

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Yes, using the standard mileage rate is usually much easier than tracking actual gas expenses. For 2024, the standard mileage rate for business travel is 67 cents per mile. This covers gas, wear and tear, depreciation, and insurance. If your partner qualifies to deduct these expenses (based on the temporary work location rules others mentioned), using the standard rate is typically much simpler than keeping all gas receipts. Just make sure they keep a detailed log of dates, locations, business purpose, and miles driven. There are several good mileage tracker apps that can help with this too.

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I'm an electrician with similar situation. One important thing - if your partner gets a W-2 (rather than 1099), these deductions got much harder after the 2018 tax law changes. Employee business expenses used to be deductible on Schedule A, but now they're basically eliminated for W-2 workers until 2025 when the law changes again. If they're truly an employee (W-2), they might be out of luck unless their employer is willing to set up an accountable plan to reimburse these expenses tax-free. If they're considered self-employed (getting 1099-NEC), then they can deduct these business expenses on Schedule C.

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This is the correct answer that everyone else missed. The Tax Cuts and Jobs Act suspended miscellaneous itemized deductions subject to the 2% floor from 2018 through 2025. This includes unreimbursed employee business expenses like mileage to job sites. If they're a W-2 employee, these expenses aren't deductible at the federal level right now. Some states still allow these deductions on state returns though, so check your state tax laws!

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I think the Forbes article might have been technically correct but just explained it poorly. The 15.3% is Social Security (12.4%) + Medicare (2.9%). The Social Security part only applies up to the wage base (which changes yearly). The Medicare 2.9% applies to all SE income. The ADDITIONAL 0.9% Medicare tax (which brings it to 3.8% total) kicks in at higher income levels ($200k/$250k). The article maybe just didn't mention this additional tax? Either way, I agree that tax info is confusing. I always double check the IRS website and cross-reference with Publication 15 and Publication 334.

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But that's still wrong - the total isn't 3.8%. The Additional Medicare Tax is 0.9%, which when added to the 2.9% regular Medicare tax equals 3.8%. Is that what you meant?

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Yes, that's exactly what I meant. The base Medicare tax is 2.9% on all SE income. Then the Additional Medicare Tax of 0.9% kicks in at those higher income thresholds, bringing the total Medicare portion to 3.8% (2.9% + 0.9%). I should have been clearer in my wording. Thanks for pointing that out. This conversation perfectly illustrates how even small differences in how tax concepts are explained can lead to confusion!

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Has anyone else noticed that the wage base for Social Security taxes increases every year? In 2023 it was $160,200, up from $147,000 in 2022. For 2025 it's expected to be around $168,600. This is why old articles can be misleading - tax numbers change annually but articles rarely get updated!

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Yara Nassar

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The wage base is tied to the National Average Wage Index so it automatically increases with inflation. It's gone up dramatically in recent years because wages have been rising so quickly. You can always find the current wage base on SSA.gov rather than relying on articles that might be using outdated numbers.

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Thanks for explaining that! I didn't realize it was tied to wage inflation. Makes sense why it's been jumping up so much these past few years. I'll bookmark the SSA site for future reference.

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