just went through this last month, got approved no problem. make sure you have your employer fill out the separation form correctly showing lack of work not misconduct or anything like that

I've been working seasonal construction for about 8 years now and can confirm that seasonal workers absolutely qualify for unemployment benefits in New York. The key thing is to make sure your employer properly documents the layoff as "lack of work" rather than any other reason. I usually file my claim the week I get laid off in December and have never had major issues getting approved. One tip - if you know approximately when you'll be called back to work, mention that in your claim but don't give a specific date unless your employer puts it in writing. The NYS DOL understands seasonal patterns in industries like construction, landscaping, and tourism. Just be honest about your situation and keep up with the weekly certifications!

wait so if my claim expired do I lose all my remaining weeks?? I thought I had like 10 weeks left when it ended in November

Just went through this process myself a few months ago. One tip that really helped - before you file the new claim, gather all your W-2s and 1099s from the past 18 months, not just since your last claim ended. NYS Department of Labor looks at your entire recent work history to determine your new benefit amount. Also, if you worked in multiple states during that time, you might need to file in the state where you earned the most wages. The online system will walk you through it, but having all your documents ready makes it much smoother.

One important thing to consider - if you do qualify based on previous W-2 wages, you'll need to be available for work and actively job searching. Running your sole proprietorship while collecting benefits could be tricky depending on how much time you're dedicating to it. NYS Department of Labor requires you to be able and available for full-time work.

I went through this exact situation last year. As a former sole proprietor who had some W-2 income, I was able to qualify for benefits. The key is that NYS Department of Labor looks at ALL your covered wages during the base period, not just your most recent employment status. Since you mentioned having part-time W-2 work last year, definitely check your wage history first. Also, when you do apply, be completely transparent about your consulting business status - they'll ask about any self-employment income during your weekly certifications. If your business truly has no income coming in and you're genuinely seeking employee work, you should be fine. Just make sure you can document your job search efforts.

Congrats on finding work! That's awesome news. I've been looking for months and still nothing.

Congratulations on the new job! Just wanted to add that you should keep records of your final claim submission and the date you reported returning to work. I'd recommend taking screenshots of your final weekly certification where you indicate you've returned to work. This documentation can be helpful if there are ever any questions about your claim closure date. Also, if your new job doesn't work out for any reason, having proper closure documentation makes it easier to reopen your claim later without complications.

Derek, I completely understand the panic you're feeling right now - I've been there myself. A few years ago, I was in almost the exact same situation with unreported part-time work while collecting benefits. The fear of potential jail time was consuming me, but I want to reassure you that for the amounts you're describing, criminal prosecution is extremely rare. New York typically reserves criminal charges for cases involving intentional fraud of much larger amounts (think tens of thousands) or identity theft schemes. Your situation sounds like you made a mistake under financial pressure, not a deliberate scheme to defraud the state. Here's what I learned from my experience: call NYS DOL as soon as possible and be completely transparent. Yes, you'll face penalties and have to repay the overpayment, but voluntary disclosure almost always results in more lenient treatment than being caught during an audit. The representatives I dealt with were actually pretty understanding when I explained my circumstances honestly. Document everything - your work dates, hours, and wages - before you call. And please, stop losing sleep over this. Take action tomorrow, get it resolved, and you'll be amazed how much better you'll feel once it's behind you.

Hey Derek, I just joined this community and your post really caught my attention because I'm dealing with something similar right now. I've been collecting unemployment for about 6 weeks and just started a small part-time job (only 12 hours a week) that I haven't reported yet. Reading through all these responses has been really helpful - it sounds like the key is to come forward voluntarily rather than waiting to get caught. I'm planning to call NYS DOL this week to report my unreported income after seeing how others here handled it successfully. It's reassuring to hear from people like Admin_Masters and others who went through this exact situation and came out okay. The anxiety is definitely real, but it seems like being proactive and honest is the way to go. Thanks for posting this question - it's helping more people than just yourself!