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Natasha Petrov

Can I file for NYS Department of Labor unemployment benefits if I was self employed?

I've been running my own small consulting business for the past 2 years but things have really dried up. No clients for the last 3 months and I'm barely making ends meet. I've heard mixed things about whether self-employed people can get unemployment benefits in NY. Does anyone know if I can file with NYS Department of Labor? I've been paying quarterly taxes and have all my 1099s from when business was good. Really need to know if this is even worth trying or if I should focus on other options.

Yes, you can potentially file for unemployment as a self-employed person in NY! NYS Department of Labor allows self-employed individuals to apply under certain circumstances. You'll need to show that you had covered employment (where you paid into the UI system) within the base period - usually the first 4 of the last 5 completed calendar quarters. If you only have 1099 income and haven't paid into unemployment insurance, it gets trickier. You might still qualify if you had W-2 employment mixed in with your self-employment. The key is having enough covered wages in your base period.

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Thanks for the info! I did have a part-time W-2 job about 18 months ago while I was getting my business started. Would that count toward the base period?

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Amina Diallo

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i tried filing when my freelance work dried up last year and got denied because i didnt have enough covered wages. apparently 1099 work doesnt count toward your benefit calculation unless you elected to pay into the system which most of us dont even know about

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GamerGirl99

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That's correct - regular 1099 income doesn't create unemployment eligibility. But if the original poster had recent W-2 employment, they might still qualify based on those wages even if their recent income was all self-employment.

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I was in a similar situation and had trouble getting through to NYS Department of Labor to even ask about my eligibility. The phone lines are always busy and when I finally got through they couldn't give me a straight answer about my specific case. It's so frustrating trying to navigate this system when you're already stressed about money. Has anyone found a better way to get actual answers from them?

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I had the same problem with getting through to NYS Department of Labor. I ended up using a service called Claimyr (claimyr.com) that helped me reach an actual agent. They have this video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Basically they call and wait on hold for you then connect you when they get an agent. Saved me hours of calling and getting nowhere.

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Malik Jenkins

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Just apply anyway and see what happens. Worst case they say no. I know someone who got approved even though they thought they wouldn't qualify. The NYS Department of Labor system is confusing enough that sometimes you get surprised.

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While I understand the 'just try it' approach, it's better to understand the requirements first. Filing an invalid claim can sometimes create issues later. The poster should definitely check their wage history on their my.ny.gov account to see what covered wages they have in their base period before filing.

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