


Ask the community...
THE WHOLE SYSTEM IS RIGGED AGAINST CONTRACTORS! Companies do this on purpose to avoid paying unemployment taxes and then workers get screwed when there's no work. File the claim and FIGHT the classification if you have to.
You should definitely file a claim even as a 1099 contractor. New York has been cracking down on misclassification lately, especially in construction. The key test is whether you had control over your work or if they controlled when, where, and how you did it. If they set your schedule, provided tools, and dictated your methods, that sounds more like an employee relationship regardless of what the paperwork says. The Department of Labor will investigate and make a determination. Even if you don't qualify for regular UI, there might be other programs available. Don't let the 1099 classification discourage you from applying.
One thing to keep in mind is that you need to have worked at least 2 quarters in your base period and earned a minimum amount to qualify. For 2025, you need at least $2,600 in one quarter and total base period wages of at least 1.5 times your high quarter wages. So with your $52k salary you should definitely meet the requirements, but it's good to double-check especially if you had any gaps in employment during your base period.
That's really helpful to know about the minimum requirements! I hadn't heard about the 1.5 times rule before. With my steady employment the past two years I should be fine, but good to know what to look out for. Do you know if they count all employers during the base period or just your most recent one?
They count wages from ALL employers during your base period, not just your most recent one. So if you worked multiple jobs or changed employers during those four quarters, all the wages get combined together. This actually helps a lot of people qualify or get higher benefit amounts since it includes everything reported on your W-2s during that time frame.
Just went through this process myself last month! The $504 maximum is correct for 2025. One tip - when you file your claim online, they'll show you exactly what your benefit calculation will be based on your reported wages before you submit everything. That way you can see if it matches what you're expecting. Also, don't forget that you can collect benefits for up to 26 weeks in NY (though that might change depending on unemployment rates). The whole process was way easier online than I expected it to be.
That's really reassuring to hear from someone who just went through it! I was worried the online system would be confusing but sounds like it's pretty straightforward. Good to know about seeing the calculation before submitting - that'll help me make sure everything looks right. Quick question - did you have any issues with the identity verification part? I keep hearing mixed things about how long that takes.
@Ravi Patel That s'great to hear the online system shows the calculation before submitting! I m'planning to file soon and was nervous about not knowing what to expect. Did you end up getting the full $504 maximum, and if so how long did it take for your first payment to come through after approval?
I went through this exact same situation about 6 months ago with a $3,100 overpayment. Here's what I learned the hard way: definitely go with registered mail AND take photos of the check/money order before sealing the envelope. I also included a cover letter stating exactly what the payment was for and my claim number. One thing nobody mentioned yet - call their overpayment unit BEFORE you send it to confirm the exact amount they're expecting. Sometimes there are additional fees or interest that have accrued since the original notice was sent. The last thing you want is to underpay and have them come back asking for more. Also, send it early in the week (Monday or Tuesday) so it doesn't sit in their mailroom over a weekend. Government offices can be slow to process weekend deliveries.
This is really solid advice, especially about calling beforehand to confirm the exact amount! I hadn't thought about potential interest or fees being added since the notice was sent. That would be a nightmare to deal with if I underpaid. Thanks for the tip about sending early in the week too - makes total sense that weekend deliveries could sit around longer.
I'm dealing with a similar overpayment situation right now ($2,850) and this thread has been incredibly helpful! Based on everyone's advice, I'm planning to go the registered mail + money order route. One additional tip I learned from my experience with other government agencies: when you call to confirm the amount before sending, ask them to email you a confirmation of what you discussed. Sometimes having that email trail can save you if there are any disputes later about what was agreed upon. Also, if anyone is wondering about timing - I called the overpayment unit yesterday and they told me it typically takes 2-3 weeks for mailed payments to be processed and reflected in their system once received. So don't panic if you don't see it updated immediately online.
I'm going through the exact same thing right now! Been stuck in "funds pending" for 3 weeks after everything was working fine for months. The frustration is real - especially when you're counting on that money for basic expenses like rent. I've been reading through all these responses and it sounds like getting through to an actual human is the only way to resolve this. The system seems designed to make us give up, but we can't let that happen. I'm going to try some of these suggestions like calling right when they open or using that Claimyr service. Hang in there - sounds like most people eventually get their back payments once they can talk to someone!
Welcome to the club nobody wants to be in! 😅 It's honestly reassuring to know I'm not the only one dealing with this nightmare right now. The fact that so many people are having the exact same issue makes me think there's definitely something systemic going on with their system. I'm planning to try the Claimyr thing tomorrow morning too - seems like multiple people here have had success with it. Really appreciate everyone sharing their experiences and advice. Makes me feel less crazy for being so stressed about this!
This is incredibly frustrating and sadly way too common with NY unemployment right now. I went through something similar last year where my payments just stopped without any explanation. After weeks of trying to get through, I finally connected with an agent who told me my account had been flagged for a "routine review" that I was never notified about. The whole experience was a nightmare - you're already stressed about being unemployed and then the system that's supposed to help you creates even more anxiety by withholding your benefits without explanation. What worked for me was being persistent with calling (I know easier said than done) and keeping detailed notes of every attempt to contact them. When I finally got through, having all my documentation ready helped resolve things quickly. The agent was able to release all my pending payments immediately once they saw everything was in order. Don't give up - the money you're owed is there, it's just trapped in their broken system. Keep trying to reach someone and hopefully you'll get it sorted out soon!
Thanks for sharing your experience! It's both reassuring and infuriating to know this "routine review" thing is so common. The fact that they don't notify people when they flag accounts is just cruel - like we're not already dealing with enough stress being unemployed. I'm definitely going to keep detailed notes of my calling attempts like you suggested. Did you have to provide any additional documentation during your call, or were they able to see everything was fine just from what was already in your file?
Tyler Murphy
Wait so if it said 'reversed' that would be good for us? I'm dealing with my own appeal right now and want to know what to look for
0 coins
Serene Snow
•Correct - 'reversed' means they overturned the original denial and you would be eligible for benefits. 'Modified' means they changed part of the decision but not necessarily in your favor.
0 coins
AstroExplorer
I work as a paralegal and deal with unemployment appeals regularly. Just to clarify the terminology for everyone - when an appeal decision says "affirmed," it means the administrative law judge upheld (agreed with) the original Department of Labor determination. So unfortunately, your appeal was denied. However, unsafe working conditions can be tricky to prove - you typically need contemporaneous documentation like written complaints to supervisors, safety violation reports, witness statements, or medical records if you were injured. If you have additional evidence that wasn't considered in your hearing, the Appeal Board might be worth pursuing. The 30-day deadline is strict though, so don't wait if you're going to appeal.
0 coins