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I'm in a similar situation - been working as a 1099 for a marketing agency for about 6 months and they just cut my contract too. From what I've researched, you should definitely apply even as a contractor. NYS has been cracking down on worker misclassification lately, especially if you had set hours, used their equipment, or they controlled how you did your work. The application process is free so there's no downside to trying. I'm planning to apply this week and document everything about how my work was structured. Good luck!
Thanks for sharing your experience! It's reassuring to hear from someone in the exact same situation. I definitely had set hours (9-5 most days) and used their computer and software, so maybe there's hope for a misclassification argument. Did you find any specific documentation that would be helpful to gather before applying? I want to make sure I have everything ready when I file.
I went through this exact situation last year! I was working as a 1099 contractor for about 10 months when my contract got terminated suddenly. Initially NYS DOL denied my claim, but I appealed and won after showing that I was essentially functioning as an employee - they controlled my schedule, provided training, and I worked exclusively for them. The key is gathering evidence like emails about your work schedule, any company equipment you used, and communications showing they directed HOW you did your work, not just what work to do. It took about 8 weeks total but I did get approved with backpay. Don't give up after the initial decision!
This is really encouraging to hear! @MoonlightSonata, did you have any help with the appeal process or did you handle it yourself? I'm worried about navigating the legal aspects of proving misclassification. Also, when you say they controlled HOW you did your work - can you give some specific examples of what kind of evidence worked best? I have tons of emails but not sure which ones would be most relevant for building my case.
If you're having trouble accessing NYS Department of Labor historical data or need to speak with someone about unemployment statistics, I had success using Claimyr (claimyr.com) to get through to actual agents. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Much easier than trying to call directly during busy periods.
Another major factor to consider is seasonal economic patterns - certain industries like tourism, agriculture, and retail see predictable unemployment spikes during off-seasons. NYS Department of Labor data typically shows these cyclical patterns alongside the more dramatic economic event-driven spikes. Also, don't overlook the impact of major corporate bankruptcies or large-scale plant closures - these can create sudden, localized unemployment surges that really stand out in the data.
I had trouble getting through to NYS Department of Labor to change my tax withholding settings last year. If you're having issues reaching them by phone, I found this service called Claimyr that helped me get connected to an actual agent. Check out claimyr.com - they have a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. Made dealing with the phone system so much easier.
Interesting, never heard of that before. The NYS Department of Labor phone lines are definitely a nightmare to get through to.
Just to add - if you didn't have taxes withheld and you're getting substantial unemployment benefits, you might want to make quarterly estimated tax payments to avoid owing a big chunk at tax time. I learned this the hard way when I was on unemployment for 6 months.
That's really good advice about quarterly payments. How do you calculate how much to send in? I'm worried about underpaying and getting hit with penalties.
Has anyone tried using the chat function on the website? I've had better luck with that than calling (tho it still sucks). maybe you can get an answer about EB that way
I'm in almost the exact same situation - exhausted my 26 weeks last month and have been wondering the same thing. Reading through all these responses, it's pretty clear that continuing to certify is the way to go. Even if there's only a small chance of EB being approved, the downside of not certifying seems way worse than taking 5 minutes each week to stay in the system. The job market really is brutal right now. I've been applying everywhere and getting nothing back. It's so frustrating when you're doing everything right but the opportunities just aren't there. At least if we keep certifying and documenting our job searches, we'll be ready if any extensions do get approved. Thanks to everyone who shared their experiences - this thread has been super helpful in making the decision to keep going with the weekly certifications!
Absolutely agree! I was on the fence about this too but after reading everyone's experiences it's a no-brainer to keep certifying. The worst case is we waste 5 minutes a week, but the best case is we get backpay if any extensions come through. Plus it sounds like the system tracks our activity even when we're not getting paid, which could be important later. Good luck with the job search - hopefully things turn around soon for all of us! 🤞
Gabriel Graham
ugh the whole system is so frustrating!!! I've been waiting 3 weeks and my rent is due next week. They make it SO HARD to get help when you actually need it. The website is confusing and the phone lines are always busy. How are people supposed to survive while waiting for benefits??
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Drake
•I totally feel your frustration. Hang in there - once your claim gets approved you'll get back pay for all the weeks you've been waiting.
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StarSurfer
I'm going through the same thing right now! Filed my claim 10 days ago and still showing "under review" with no updates. It's really stressful not knowing when to expect a decision. I've been documenting everything and keeping all my paperwork organized just in case they need additional info. Has anyone had success reaching them through their online messaging system instead of calling? I'm wondering if that might be faster than sitting on hold for hours.
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Zane Gray
•I tried the online messaging system about a week ago and haven't gotten a response yet either. It seems like they're just overwhelmed across all their communication channels right now. One thing that might help is making sure you've completed your weekly certifications even while your claim is under review - I read somewhere that you need to keep doing those to maintain your place in the queue. Also check if your employer has responded to their request for information yet, since that can be a major holdup.
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