Can I claim NY unemployment while trying to save my struggling small business?
Started my own small custom woodworking shop back in 2014, and things were great until recently. The February surge in material costs completely wrecked our profit margins. I've been barely hanging on since then, using personal savings to cover business expenses and now I'm down to my last $1,700. My question is - can I apply for NY unemployment while still technically trying to save my business? I'm not making any income from it right now (actually losing money), and I've started applying for regular jobs, but finding employment at 47 with only specialized skills isn't happening overnight. It feels wrong to just abandon a 9-year business I built from scratch, but I also need to feed my family. Anyone know if I qualify for benefits in this situation or am I stuck in limbo?
52 comments
NeonNebula
Sadly no, you're not qualified for unemployment unless you formally shut down ur business. You can't collect benefits while technically self-employed, even if making zero money. The system sucks for small business owners... they expect us to just close down businesses we spent years building, before getting ANY help.
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Diego Chavez
That's what I was afraid of. Just seems crazy I have to completely kill my business to get any temporary help while I look for work.
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Anastasia Kozlov
Actually thats not 100% accurate. You might qualify for Partial UI if your income is below a certain threshold. Worth checking out at least.
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NeonNebula
@profile 3 that's for w2 employees with reduced hours, not business owners with reduced income. Trust me, I went thru this last year 😔
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Sean Kelly
Went through something similar with my landscaping business last summer. When material costs went up and clients started canceling, I couldn't pay myself for months. I kept hitting dead ends until I used Claimyr.com to actually reach someone on the phone at the unemployment office. That call saved me - the agent explained exactly how to apply as a self-employed person with a business in crisis. Talking to an agent got my benefits started within a week and gave me breathing room to pivot my business. Without that call I would've just given up. Here's a video showing how it worked: https://youtu.be/Rdqa1gKtxuE
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Zara Mirza
Wait does that actually work? I've been trying to get through for weeks!
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Sean Kelly
Yep! Honestly was shocked it worked so well. The call was forwarded to my phone once they got through the queue. Agent was super helpful too.
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Luca Russo
Sounds too good to be true... how does it even work?
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Sean Kelly
They basically call NY unemployment for you and wait on hold, then when a real person picks up, they forward the call to your phone. Saved me literally hours of frustration. Best part was getting actual answers instead of automated garbage.
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Nia Harris
My cousin tried something like this and it actually worked for him too. Said it was worth every penny not to deal with the hold music for 3 hours 😂
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GalaxyGazer
You technically can file for unemployment in NY while still being a business owner - BUT you need to report that you are NOT working in your business currently. You'll need to demonstrate that you're available for and seeking full-time employment. Maintaining business registration doesn't disqualify you as long as you're not actively performing work/services.
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Mateo Sanchez
The NY unemployment system is basically designed to screw over small business owners. I went thru this in 2022 - I wasn't allowed benefits until I officially closed my graphic design company with the state. It's a trap where your only options are to have ZERO income while fighting to save your business or give up everything you built. Its complete bs.
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Aisha Mahmood
THIS. The government claims they support small business but the unemployment system punishes entrepreneurs who hit hard times. The system is designed for regular employees only.
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Diego Chavez
So frustrating! Did you end up closing your business or finding another solution?
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Mateo Sanchez
I ended up formally dissolving my LLC, collecting unemployment for 4 months while job hunting, then eventually starting a new business once I was stable again. But having to legally close was devastating.
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Ethan Moore
Listen I'm gonna tell you what actually works with ny unemployment. You need to formally separate yourself from your business on paper. You can do this by either: 1) If incorporated, resign as an employee/officer but maintain ownership 2) If sole prop, file a DBA and stop operations temporarily. Then file for unemployment stating your business closed operations and you're seeking work. You MUST document everything. This is how I managed to get benefits while my restaurant was shut down temporarily in 2021. Feel free to DM me if you need more specifics.
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Yuki Kobayashi
Wouldnt this be fraud tho?
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Ethan Moore
Not at all! If you're genuinely not working in your business and seeking employment, you're eligible. The business entity existing on paper isn't relevant - it's about whether you're currently employed and earning income.
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Diego Chavez
This is really helpful. I'm an LLC, so I guess I could resign as the operating manager while keeping ownership? Just worried about what happens if I do get some small business later.
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Carmen Vega
I've been managing my family's business for decades and let me tell you something - don't give up your business for temporary unemployment! The max benefit is what, like $504/week? Not worth sacrificing something you spent 9 years building. Instead, look into small business disaster loans, contact your local Small Business Development Center for free consulting, or even consider a pivot to a more profitable niche in your industry. Unemployment should be absolute last resort for a business owner.
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Diego Chavez
I've tried SBDC already - they were helpful with advice but couldn't offer immediate financial solutions. The loans all require showing ability to repay, which I can't do right now.
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Carmen Vega
Have you tried reaching out to previous customers for prepaid work? Or maybe offering a limited-time discount to generate immediate cash flow? Sometimes creativity beats bureaucracy.
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QuantumQuester
Look into Shared Work program through NY unemployment. It lets business owners reduce hours instead of laying people off (including yourself if you're on payroll). You get partial unemployment to make up the difference. Saved my consulting business last year when contracts dried up. Website is a nightmare tho - I had to use claimyr.com to reach a human who walked me through the application.
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Andre Moreau
The most important advice I can give you is: DOCUMENT EVERYTHING when dealing with NY unemployment as a business owner. They will look for any reason to deny your claim. Keep records of: when your business income stopped, all your job search efforts, any communications with unemployment office. When I went through this they tried to claim I was still actively working in my business because I answered a customer email 🤦♂️
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Zoe Stavros
Omg they are SO nitpicky!!! I got dinged because I updated my business facebook page while on unemployment. They said that counted as "working" 🙄
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Andre Moreau
These people have NO IDEA what running a business actually involves. They think any action related to your company means you're fully employed.
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Jamal Harris
Everyone's giving advice but no one's asking the most important question: were you paying into the unemployment insurance system as a business owner? In NY, most self-employed people don't pay UI taxes on their own income (only on employees). If you haven't been paying in, you likely aren't eligible to take out.
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Diego Chavez
That's a good point - I do have myself on payroll as an employee of my LLC and have been paying UI taxes, so I think technically I should be eligible.
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Jamal Harris
That changes everything! If you've been on payroll and paying UI taxes, you absolutely can claim unemployment. You'll just need to formally lay yourself off and be genuinely looking for work.
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Mei Chen
The absolute best solution I found to this ridiculous problem: call the unemployment office and ask for a determination BEFORE you apply. I spent 3 days trying to get through on the phone (brutal), but once I did, the agent gave me specific instructions on how to handle my business situation. Apparently there's a special classification for "business owners seeking work due to business failure" that doesn't show up clearly on the online application.
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Liam Sullivan
Good luck getting anyone on the phone! I tried for WEEKS last year 😡
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Mei Chen
True, the phone system is a nightmare. I ended up using a service called Claimyr that got me through after I wasted days trying myself. claimyr.com saved me hours of hold music torture.
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Amara Okafor
Whatever you do, DO NOT close your business officially until you've talked to both an unemployment expert AND a tax professional. I made the mistake of dissolving my LLC too quickly and it created a tax nightmare that cost me thousands. There are smart ways to pause operations without permanent closure.
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CosmicCommander
Here's a comprehensive guide on how to navigate this situation as someone who's been through it with my NY business: First, understand that NY unemployment has specific rules for business owners. You need to demonstrate that: 1) Your business is not currently providing you income 2) You are available for and actively seeking full-time work 3) Your business operations have essentially stopped, even if the legal entity exists. Options to consider: - If you've been paying yourself W-2 wages and unemployment insurance taxes, you can lay yourself off formally and apply - Document a clear date when business operations ceased or when you stopped taking work - Be prepared to show your business financial records demonstrating lack of income - Continue your job search with proper documentation of applications The most challenging part is actually reaching someone who understands your situation. The online system isn't designed for business owner scenarios. I wasted weeks until I found claimyr.com which got me through to an actual human who could properly code my application. Having that conversation with a knowledgeable agent made all the difference in getting my benefits started. Don't give up - the system isn't friendly to entrepreneurs, but there are paths forward!
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Diego Chavez
This is incredibly helpful, thank you! Did you have to completely stop all business activity or just income-generating work?
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CosmicCommander
You need to stop income-generating work and be available for full-time employment. Basic administrative tasks like checking email or maintaining your business registration are generally allowed, but any client work is a no-go.
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Giovanni Colombo
This state offers ZERO support for struggling small business owners. I ran a coffee shop for 5 years, and when things got tough in 2021, I had to choose between getting help or keeping my dream alive. System is rigged against us entrepreneurs 😤
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Fatima Al-Qasimi
Maybe consider restructuring your woodworking business temporarily? I had a similar issue with my consulting firm. I temporarily closed my S-Corp, filed for unemployment while job hunting, but kept accepting small one-off projects as 1099 work (which I reported on my weekly claims). This let me keep some clients while getting partial benefits. When things improved, I reactivated my business. Just be 100% transparent about any income.
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Dylan Cooper
Smart approach! I did something similar with my event planning business during slow season.
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Diego Chavez
That's an interesting approach - so you were able to get partial benefits while still doing some independent contractor work?
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Fatima Al-Qasimi
Yes, exactly. In NY you can earn up to a certain amount before benefits start reducing. Just report everything honestly - they check!
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Sofia Ramirez
Lmaooo the government expects small business owners to just give up everything they built before getting a penny of help. Meanwhile big corporations get bailouts thrown at them 🤡
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Dmitry Volkov
FACTS. The system was never designed for people who actually create jobs.
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StarSeeker
My tax dollars at work y'all 🙄
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Ava Martinez
When I couldn't reach anyone at ny unemployment about my business situation I finally tried the state assembly member's office. They have dedicated staff to help with unemployment issues and got me an expedited call back within 48 hours. Might be worth a shot?
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Miguel Ortiz
If your business is truly not operating and you're looking for work, they can't deny you benefits just because you still technically own a business entity. I know because I fought this battle and won. The key is getting to the right person who understands the nuance - which is nearly impossible with their phone system. I finally got through using claimyr.com after wasting days on hold, and the agent I spoke with immediately understood my situation and approved my claim.
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Zainab Omar
Wait what's claimyr? Never heard of it
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Miguel Ortiz
It's a service that calls unemployment for you and waits on hold, then transfers the call to you once they get a real person. Saved me literally hours of my life. claimyr.com
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Connor Murphy
It's weird that nobody mentioned this but... have you checked if you qualify for disability? If your mental health is affected by this situation (anxiety, depression from potentially losing your business), you might qualify for temporary disability benefits which don't have the same restrictions as unemployment.
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Yara Sayegh
This is terrible advice. Disability is for people who CANNOT work, not people who can't find work or whose business is struggling.
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Connor Murphy
I'm not suggesting fraud. Many people genuinely develop depression or anxiety disorders when facing business collapse. If diagnosed by a doctor, they're entitled to benefits.
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NebulaNova
Here's what I learned the hard way: NY unemployment doesn't care about your business struggles - they only care if you're available for full-time work. If you tell them you're still trying to save your business while looking for jobs, they'll deny you. You need to be crystal clear that your business is effectively closed (even if legally still exists) and you're 100% available for full-time employment.
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