Can a 1099 employee file for unemployment - NYS Department of Labor eligibility?

Unfortunately, 1099 contractors typically aren't eligible for regular unemployment benefits through NYS Department of Labor because you weren't paying into the UI system as an employee. However, you might want to check if you qualify for any self-employment assistance programs or if there were any misclassification issues with your work arrangement.

Actually this happened to my friend last year. She was classified as 1099 but NYS Department of Labor determined she should have been an employee based on how controlled her work was. She ended up getting benefits after an appeal process. You should definitely apply and let them make the determination.

I tried calling NYS Department of Labor about this exact question last month and couldn't get through to anyone after 2 hours of waiting. If you need to talk to someone about your specific situation, I actually found this service called Claimyr (claimyr.com) that helps you get connected to unemployment agents. There's even a demo video showing how it works: https://youtu.be/qyftW-mnTNI. Saved me so much frustration trying to get answers about my claim status.

ugh the whole 1099 vs W2 thing is such a mess!! companies use it to avoid paying benefits and then we're stuck with no safety net when work dries up. the system is totally rigged against contractors

To directly answer your question - you should still file an unemployment claim with NYS Department of Labor. The worst they can do is deny it, but if there are any employee classification issues they'll investigate. Make sure you have documentation about your work arrangement, schedule, equipment used, etc.

I'm in a similar situation - been working as a 1099 for a marketing agency for about 6 months and they just cut my contract too. From what I've researched, you should definitely apply even as a contractor. NYS has been cracking down on worker misclassification lately, especially if you had set hours, used their equipment, or they controlled how you did your work. The application process is free so there's no downside to trying. I'm planning to apply this week and document everything about how my work was structured. Good luck!

I went through this exact situation last year! I was working as a 1099 contractor for about 10 months when my contract got terminated suddenly. Initially NYS DOL denied my claim, but I appealed and won after showing that I was essentially functioning as an employee - they controlled my schedule, provided training, and I worked exclusively for them. The key is gathering evidence like emails about your work schedule, any company equipment you used, and communications showing they directed HOW you did your work, not just what work to do. It took about 8 weeks total but I did get approved with backpay. Don't give up after the initial decision!