Can I collect unemployment if I start my own business in NY?
I got laid off from my marketing job 6 weeks ago and have been collecting UI benefits while job hunting. But honestly the job market is terrible right now and I'm thinking about starting a freelance consulting business instead. I have some potential clients lined up already. Can I still collect unemployment benefits from NYS Department of Labor if I'm running my own business? I'm worried they'll cut me off completely but I need the income while I'm getting this off the ground. Has anyone dealt with this situation before?
12 comments


Hannah White
This is actually more complicated than most people think. You CAN potentially continue collecting UI while starting a business, but you have to meet all the regular requirements. You still need to be available for full-time work and actively seeking employment. The income from your business gets reported on your weekly claims and may reduce your benefit amount. NYS Department of Labor will want to see that you're genuinely available to accept other employment offers.
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Nick Kravitz
•So I can keep filing weekly claims as long as I'm still looking for regular jobs too? That makes sense. Do I report business income even if it's just a few hundred dollars?
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Michael Green
yeah my cousin did this last year, he was doing uber while collecting and they didnt care as long as he reported the earnings correctly
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Mateo Silva
You need to be very careful about how you structure this. If NYS Department of Labor determines that you're primarily self-employed rather than unemployed and seeking work, they can disqualify you entirely. The key is demonstrating that the business activity is secondary to your job search efforts. Keep detailed records of your job applications and make sure you're applying to at least the minimum required positions each week. Also, any business income gets deducted dollar-for-dollar from your weekly benefit amount after the first $50.
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Nick Kravitz
•Wait, they deduct ALL the business income? So if I make $300 in a week from consulting, they take $250 off my unemployment check?
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Hannah White
•That's correct. Any work earnings over $50 per week reduce your benefit amount. It's the same whether you're working part-time for an employer or earning from self-employment.
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Victoria Jones
OMG this is exactly what I was wondering about too! I've been thinking about starting an Etsy shop but didn't know if it would mess up my benefits.
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Cameron Black
The whole system is so frustrating honestly. I tried calling NYS Department of Labor three times last week to ask about this exact thing and either got hung up on or sat on hold for 2 hours. If you need to actually talk to someone about your specific situation, I used a service called Claimyr (claimyr.com) that connects you directly to unemployment agents. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me tons of time versus trying to get through myself.
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Jessica Nguyen
•Never heard of that service but honestly anything is better than sitting on hold forever. Did they actually help you get answers about the self-employment stuff?
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Isaiah Thompson
Just make sure you're honest about everything when you file your weekly claims. They audit people all the time and if they find out you weren't reporting business income correctly you could owe back all the benefits plus penalties.
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Ava Williams
I went through this exact situation about 8 months ago when I started doing freelance graphic design work. The key thing I learned is that you absolutely have to report ALL income from your business activities, even if it's just $20 here and there. NYS Department of Labor considers any work you do for pay as "employment" regardless of whether you're W2 or 1099. I kept detailed records of every client payment and reported it on my weekly certifications. As long as you're genuinely still job searching (and can prove it with applications), you should be okay. Just be prepared for your weekly benefit amount to fluctuate based on what you earn from the business each week.
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Sofia Gutierrez
•This is really helpful to hear from someone who actually went through it! How did you handle the job search requirement while building your freelance business? I'm worried about spending time on client work when I should be applying to regular jobs, but I also need to deliver quality work to keep my consulting clients happy. Did you have any issues with NYS questioning whether you were truly available for full-time employment?
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