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Carmen Vega

Can DoorDash drivers file for unemployment in New York - NYS Department of Labor eligibility question

I've been doing DoorDash for about 8 months now and things have really slowed down lately. I'm barely making enough to cover gas and my car payment. I was wondering if gig workers like me can file for unemployment benefits through NYS Department of Labor? I heard somewhere that independent contractors might be eligible now but I'm not sure if that's true or what the requirements are. Has anyone here done gig work and successfully filed for UI benefits?

Unfortunately, as an independent contractor with DoorDash, you typically won't qualify for regular unemployment insurance through NYS Department of Labor. UI benefits are generally for employees who have wages reported on W-2 forms and have employers paying into the unemployment insurance system. Since DoorDash drivers receive 1099 forms and are classified as independent contractors, they don't have the same eligibility. However, you might want to check if you had any W-2 employment in the past 18 months that could establish a valid claim.

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Carmen Vega

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That's what I was afraid of hearing. I did work at a restaurant for about 6 months before I started DoorDash full time. Would that W-2 job count toward establishing a claim even though I quit to do gig work?

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Zoe Stavros

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Actually yes, your previous W-2 employment could potentially establish eligibility! NYS Department of Labor looks at your base period earnings (usually the first 4 of the last 5 completed calendar quarters) to determine if you have enough wages to qualify. The fact that you're currently doing DoorDash as a 1099 contractor doesn't automatically disqualify you if you have sufficient W-2 wages in your base period. You'd need to meet the able and available requirements though, which means actively seeking W-2 employment.

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Carmen Vega

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This is really helpful! So I would need to be looking for regular employee jobs, not just relying on gig work? How do I prove I'm actively job searching to NYS Department of Labor?

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Zoe Stavros

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Exactly right! You'll need to maintain a job search log showing at least 3 work search activities per week. This includes applying for jobs, attending interviews, networking events, etc. The key is these need to be for positions where you'd be an employee, not more gig work.

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Jamal Harris

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I was in a similar situation last year. Had trouble getting through to NYS Department of Labor to ask about my eligibility since I had mixed W-2 and 1099 work. Kept getting disconnected when calling their main number. Finally used this service called Claimyr (claimyr.com) that actually got me connected to a real person who could review my work history. They have a video demo at https://youtu.be/qyftW-mnTNI that shows exactly how it works. Made the whole process way less stressful than trying to call for weeks.

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GalaxyGlider

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How does that work exactly? I've been trying to call NYS Department of Labor for 2 weeks about my claim status and can never get through.

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Jamal Harris

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They basically handle the calling for you and get you connected to an actual NYS Department of Labor agent. Way better than sitting on hold for hours or getting hung up on. Really saved me a lot of frustration.

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Mei Wong

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The gig economy stuff is so confusing when it comes to unemployment. I drive for both DoorDash and Uber and never know what benefits I might be entitled to. The whole system seems designed for traditional employment relationships that don't really exist anymore for a lot of people.

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Liam Sullivan

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Tell me about it! I do Instacart and the rules are all over the place depending on which state you're in too.

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One important thing to keep in mind - if you do qualify based on your previous W-2 employment and file a claim, you'll need to report any earnings from your DoorDash work when you file your weekly claims. Even though it's 1099 income, any work and earnings need to be reported to NYS Department of Labor. This could affect your weekly benefit amount depending on how much you earn.

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Carmen Vega

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Good point about reporting the gig income. I definitely don't want to mess up my claim if I do qualify. Do you know if there's a threshold where DoorDash earnings would make me ineligible for that week's benefits?

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In New York, you can earn up to 25% of your weekly benefit rate without any reduction in benefits. If you earn more than that but less than your full weekly benefit amount, your benefits will be reduced dollar-for-dollar by the excess amount. If your DoorDash earnings exceed your weekly benefit rate, you won't receive any unemployment benefits for that week. So it's definitely worth tracking your gig earnings carefully when filing your weekly claims.

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Mateo Silva

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I went through this exact same situation about a year ago when my DoorDash earnings dropped significantly. I had worked at a retail job for about 10 months before switching to full-time gig work. What really helped me was gathering all my W-2 documents and pay stubs from my previous employer before applying. NYS Department of Labor was able to establish my claim based on those wages, but the process took longer than I expected - about 3-4 weeks to get my first payment. Just make sure you're prepared to actively job search for traditional employment positions and keep detailed records of your applications. It's worth applying even if you're not 100% sure about your eligibility since they'll review your work history and let you know.

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Isla Fischer

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Thanks for sharing your experience @Mateo Silva! This gives me hope that I might actually qualify. Did you have any issues with NYS Department of Labor questioning why you left your retail job to do gig work? I'm worried they might see that as voluntarily quitting without good cause, which I know can disqualify you from benefits. Also, when you say 3-4 weeks for first payment, was that from when you first applied or from when your claim was approved?

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