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I went through this exact situation last year with a 6-month contract that ended. NYS Department of Labor approved my claim based on my previous W-2 work history, even though my most recent job was 1099. The key documents they wanted were my last few pay stubs from W-2 jobs and my Social Security earnings record to verify my base period wages. Don't stress about the contract classification issue right now - just file online at labor.ny.gov and let them sort it out. The worst they can say is no, but you won't know unless you apply. Good luck!
I'm in a very similar situation - just finished a 10-month contract role where I was classified as 1099 but worked like a regular employee (fixed schedule, company laptop, attended team meetings, etc.). Reading these responses gives me hope! I've been hesitant to file because I wasn't sure if my previous W-2 earnings would count, but it sounds like NYS Department of Labor bases eligibility on your employment history, not just your most recent work. Planning to file online this weekend. Thanks everyone for sharing your experiences - this thread is more helpful than the official DOL website!
@Ali Anderson Your situation sounds almost identical to mine! The fixed schedule and company equipment are strong indicators that you might have been misclassified as a contractor. I m'planning to file this week too after reading everyone s'advice here. Maybe we can update each other on how the process goes? It s'reassuring to know others have successfully navigated this with NYS Department of Labor.
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I've been in construction for over a decade and can confirm this is completely normal. NYS Department of Labor definitely understands seasonal patterns in construction - they see thousands of claims like this every winter. The key things to remember: file your claim as soon as you're laid off, keep detailed records of your job search activities (even if you plan to return to the same employer), and don't worry about them thinking you're gaming the system. Construction seasonality is well-documented and expected. Just be consistent with your weekly certifications and you'll be fine.
This is really reassuring to hear from someone with so much experience! I've been stressed about this for weeks thinking they might flag my account or something. One quick question - when you say keep detailed records of job search activities, do you mean just the basic log they require or should I be saving emails/screenshots too?
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been waiting 3 weeks now and getting stressed about it too. this system is so slow compared to other states
Right?! My cousin in another state got approved in like 5 days. NYS Department of Labor really needs to get their act together.
I'm in a similar situation - filed my claim about 2 weeks ago and still showing "under review" status. From what I've been reading online, it seems like the NYS Department of Labor is really backed up right now. I called their customer service line multiple times but can never get through. Has anyone had luck reaching them by phone recently? Also wondering if there are certain times of day that are better to call. This waiting period is really stressful when you're counting on those benefits to pay bills.
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One important thing - if you receive any severance pay, that might affect when your benefits start. Severance is considered wages in NY so it could delay your eligibility. Make sure to report any severance when you file your initial claim so there are no issues later.
I am getting two weeks severance pay. Does that mean I have to wait two weeks before I can even file, or just that I won't get benefits for those two weeks?
You can still file right away, but you'll need to report the severance and it will likely make you ineligible for benefits during the weeks it covers. Better to file and have the claim established though.
I went through this exact situation last year. File your claim the Monday after your last day of work - don't wait any longer than that! The NYS DOL website lets you file 24/7 online which is way easier than calling. You'll need your employer's full business name and address, your employment dates, and your Social Security number. The one-week waiting period means you won't get paid for your first week of benefits, but you still need to certify for it. Also keep records of everything - save confirmation numbers and print out your claim summary. Good luck with everything!
Landon Morgan
One more thing to consider - if you can get your employer to lay you off instead of resigning, that would make you automatically eligible for unemployment. Sometimes if you approach HR about the hostile work environment, they might prefer to let you go rather than deal with a potential lawsuit. Just something to think about as an alternative strategy.
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Luca Russo
I went through something similar with a toxic manager about 2 years ago. The harassment was mainly verbal too, but I started keeping a detailed journal of every incident - date, time, what was said, any witnesses present. I also sent follow-up emails to my supervisor after difficult conversations "just to confirm what we discussed" - that way I had written records. When I finally quit and applied for unemployment, NYS Department of Labor initially denied me but I appealed with all my documentation. It took about 6 weeks total but they eventually approved my claim. The key was showing a pattern of behavior that made continuing to work there unreasonable. Start documenting everything now, even if you're not sure you'll quit yet.
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