I just want to be 100% sure BEFORE I register for a fictitious name, business license, tax ID, etc...only to have unemployment find out I applied for a business license, and then they go and cancel my unemployment eligibility and my benefits. I actually spoke to 2 different unemployment reps on the phone (anonymously) recently and got 2 different answers: 1 supporting my scenario and the other was against it. If I would be OK to start my own business under the conditions I mentioned above, then where do I get "something in writing" that supports my justification to do this, or is there a "specific type of lawyer" I can consult who will be able to provide that "something in writing" for me so I would be 100% sure, and, this way If I am ever contacted by FL unemployment in the future about having to pay back unemployment benefits for violating their guidelines, then I would have legal proof I was in compliance and I would be OK.
This is a complex situation for which you should be seeking the advice of an experienced business lawyer in your area rather than seeking advice on an online forum. While it will cost you money, it is one of the expenses necessary in starting a successful business. As far as your dealings with the unemployment bureaucracy, you should make full disclosure to them of what you are doing and any compensation that you are receiving.
Even if an attorney gives you something in writing about your actions being within the law, that does not protect you, as you are follow legal advice at your own peril, in case the attorney is wrong. So the simple answers to your questions are: No and can't do. I have seen cases where persons collecting federal disability were caught working off the books and criminally prosecuted by Feds. Serious stuff. You will need to stop collecting unemployment when you start working to build a private business, even filing the corp. or fictitious name will probably be enough to make you ineligable for unemployment. Unemployment fraud would be a state charge, but still fraud, which is a type of theft. But don't take my word for it, why don't you check with your unemployment office. I suspect you know the answer. You just don't like the answer. Sever the UC and get started. Good luck with your new business.
