Can 1099 get unemployment benefits in New York - confused about eligibility

How do I know if I was misclassified? They controlled my schedule and I had to use their equipment for most projects.

This is really helpful! I had no idea misclassification was even a thing. If I file and they determine I was misclassified, do I get benefits immediately or does it take forever?

thanks for sharing this! been trying to reach someone at NYS Department of Labor for 3 weeks about my adjudication

Thank you everyone! I'm going to file and see what happens. Better to try than assume I don't qualify.

This is such great advice about documentation! I wish I had known this when I was dealing with a similar situation last year. One thing I'd add is to also keep records of any company meetings you were required to attend, company email addresses they gave you, or if they listed you on their website as staff rather than a contractor. These little details can really help show you were treated like an employee even if the paperwork said contractor.

Wow, this gives me so much hope! Your situation sounds almost identical to mine - they definitely controlled my schedule and I had to attend their weekly team meetings. I'm definitely going to file now. Did you have to provide a lot of documentation during the investigation, or did they mostly contact your former client directly to verify the working relationship?

@Payton Black That s'amazing that you got approved! I m'in a really similar situation - been doing 1099 work for a marketing agency but they basically treat me like a regular employee. Set my hours, require me to use their project management tools, and I even have to ask permission to take time off. Reading your story gives me confidence to actually file the claim. Quick question - when you filed initially, did you select employee "or" contractor "on" the application, or is there a specific option for disputed classification cases?

@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?

@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.