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I went through this exact same situation about 6 months ago! I was a 1099 graphic designer and got my contract terminated suddenly. At first I thought I was out of luck, but I decided to file anyway after reading about misclassification. Turns out my client had been treating me like an employee - they required me to work specific hours, use their software licenses, attend team meetings, and I couldn't take on other clients during busy periods. NYS DOL investigated and ruled that I was misclassified as a contractor when I should have been a W-2 employee. I ended up getting approved for benefits retroactively! The process took about 8 weeks total but it was worth fighting for. Don't give up before you even try - the worst they can say is no, but you might be surprised like I was.
@Payton Black This is so encouraging to hear! I m'actually in a very similar boat - been doing 1099 web development but my client "requires" me to work their business hours, use their Slack for all communication, and I haven t'been allowed to take on any other projects for the past year. Your success story gives me hope that maybe I ve'been misclassified too. When you filed your initial claim, did you mention right away that you thought you were misclassified, or did you wait for them to investigate after filing as a regular contractor? I m'nervous about how to approach it but your experience makes it seem like it s'definitely worth trying!
@Payton Black Thank you for sharing your experience! This is exactly what I needed to hear. I ve'been hesitant to file because I assumed 1099 meant automatic disqualification, but your situation sounds very similar to mine - controlled schedule, required meetings, exclusive work periods. It s'encouraging to know that NYS DOL actually investigates these cases properly. The 8-week timeline is also helpful to know upfront. I m'definitely going to gather all my documentation and file a claim. Did you work with a lawyer or handle the whole process yourself?
I was in a very similar situation about a year ago - worked as a 1099 content writer but my "client" basically treated me like a regular employee. They set my daily schedule, required me to use their content management system and style guides, and I had to get approval for any time off. When my contract ended, I almost didn't file because I assumed 1099 meant no benefits. But after reading about worker misclassification, I decided to apply anyway. NYS DOL reviewed my case and determined I had been misclassified - they looked at factors like behavioral control, financial control, and the relationship type. I ended up getting approved for unemployment benefits! My advice: gather all your emails, contracts, and any evidence showing they controlled how you did your work, then file the claim. The application process asks detailed questions about your work arrangement, so just be honest about everything. Even if you get initially denied, you can always appeal with more documentation. Don't assume you're not eligible - let NYS DOL make that determination based on the actual facts of your working relationship.
@Sofia Gutierrez This is incredibly helpful! I m'dealing with almost the exact same situation - I ve'been doing 1099 social media management but they control everything from my posting schedule to requiring me to use their branded templates and approval workflows. I was so discouraged thinking I had no options, but hearing these success stories is really motivating me to file. When you mentioned gathering emails and contracts as evidence, did you also include things like screenshots of their scheduling requirements or records of them rejecting your requests for flexible hours? I want to make sure I m'documenting the right kind of control evidence before I submit my application.
@Sofia Gutierrez Your story is so reassuring! I m'a 1099 freelance photographer but my main client "requires" me to be available during their business hours, use their equipment for certain shoots, and follow their specific editing guidelines and brand standards. They even gave me a company email address and include me in staff meetings. I was completely discouraged when my contract got terminated last month because I thought being 1099 automatically disqualified me. But reading about your successful misclassification case gives me hope! I m'definitely going to start gathering evidence - I have tons of emails where they micromanaged my shooting schedules and editing processes. Quick question: when you filed your initial claim, how long did it take before NYS DOL contacted you about starting the misclassification investigation? I want to set realistic expectations for the timeline.
Just went through this same thing last week. TurboTax will walk you through it step by step. You enter the 1099-G info in the 'Federal Taxes' section under 'Unemployment Income.' It's actually pretty straightforward once you find the right section. The software calculates everything for you.
One thing to double-check is whether you received any supplemental unemployment benefits like the Federal Pandemic Unemployment Compensation (FPUC) or other pandemic-related payments mixed in with your regular NYS benefits. Even though those programs ended, if you received any of those payments in early 2024, they would be included in your 1099-G total. Also, make sure to keep a copy of your 1099-G form - you'll need it for your records and the IRS gets a copy too, so the amounts need to match what you report.
That's a really good point about the pandemic payments! I totally forgot about those. I think I might have gotten some FPUC payments early in 2024 before they fully ended, which would explain why my total seems higher than expected. I'll need to dig through my payment history to see if that's what's causing the discrepancy with my weekly benefit amount calculations.
FYI - after you complete id.me verification, you need to go back to your ny.gov account and click "verify with id.me" again to link the accounts properly. Took me forever to figure that out!!
Just went through this same nightmare last month! The phone number 866-775-4363 that others mentioned does work, but here's a pro tip - call right when they open at 8am EST. I got through in about 10 minutes vs the usual hour+ wait times later in the day. Also make sure you have your reference number from when you first started the verification process - they'll ask for it immediately. The whole thing is such a mess but once you get a real person they can usually sort it out pretty quickly. Hang in there, you'll get through this! 🤞
This is really helpful advice about calling at 8am! I've been calling in the afternoons and getting nowhere. Quick question - did you have to do the video verification call too, or were they able to fix everything over the phone? I'm dreading having to do another video call since my first one got disconnected halfway through 😩
Just to clarify the misconduct standard for everyone - NYS Department of Labor defines misconduct as behavior that shows willful disregard of the employer's interests, deliberate violation of rules, or disregard of standards that the employer has a right to expect. Being fired for inability to perform the job, lack of skills, or good faith errors typically won't disqualify you from receiving benefits. Always file your claim first and let them investigate rather than assuming you're not eligible.
I went through something similar last year when I got let go for "not meeting expectations." The company was clearly downsizing but used performance as the reason. I was terrified to file thinking I'd get denied, but I'm so glad I did. NYS Department of Labor approved my claim after a brief phone interview where they just asked me to explain what happened. The key thing they seemed to care about was whether I was deliberately doing a bad job or violating clear policies - which I wasn't. My advice is definitely file ASAP since there's a waiting period anyway, and be completely honest about the circumstances. Even if you're unsure, let them make the call rather than missing out on benefits you might be entitled to.
Oliver Alexander
I'm also experiencing this exact same issue! Filed my weekly certification on Sunday, got the "payment released" confirmation email Monday morning, and here I am on day 6 with absolutely nothing in my bank account. This is my first time dealing with this kind of delay - my payments have always been deposited within 1-2 days after the release notification. I was starting to worry that something was wrong with my claim or that I'd made an error somewhere. This thread has been a huge relief because now I know it's a widespread system issue and not just me! It's really frustrating that NYSDOL didn't warn claimants about potential delays when they rolled out their new fraud prevention system. We rely on these payments and need to plan our finances accordingly. I'm going to call my bank tomorrow to make sure they're not holding the deposit on their end, and then maybe try that Claimyr service if I need to reach NYSDOL directly. Thanks to everyone for sharing your experiences - it really helps to know we're all dealing with this together!
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Tyler Murphy
•Oliver, you've described my situation exactly! It's such a relief to find this thread and realize we're all going through the same thing. I was also panicking thinking I'd done something wrong with my certification or that there was an issue with my banking info. The timing is identical - Sunday certification, Monday release email, now day 6 with nothing. It's really unacceptable that NYSDOL didn't communicate these potential delays upfront, especially when so many people depend on these payments for basic expenses like rent and groceries. I'm planning to call my bank first thing tomorrow too, and it sounds like that Claimyr service might be worth trying if we need to actually speak with someone at NYSDOL. Thanks for sharing your experience - knowing we're all in this boat together definitely makes it less stressful!
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Rebecca Johnston
I'm new to this community and dealing with the exact same situation! Certified on Sunday, got the "payment released" email on Monday, and it's now been 5 days with no deposit. I've been a nervous wreck thinking I did something wrong with my certification or that there was an issue with my direct deposit info. Finding this thread has been such a relief - it's clear this is a widespread problem affecting tons of people with identical timelines. I can't believe NYSDOL didn't send out any advance notice about potential delays when they implemented their new fraud prevention system. We depend on these payments for rent, groceries, and other essentials - the lack of communication is really unacceptable. I'm going to start by calling my bank tomorrow to rule out any holds on their end, then maybe try that Claimyr service if I need to reach someone at NYSDOL directly. Thanks to everyone for sharing their experiences and keeping each other informed. It really helps to know we're not alone in this!
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