Can a nanny file for unemployment benefits with NYS Department of Labor?
I've been working as a nanny for the same family for almost 2 years, but they just told me they're moving out of state next month and won't need me anymore. I'm wondering if I can file for unemployment since I've never had to deal with this before. The family pays me weekly but I'm not sure if they've been taking out taxes or anything like that. Has anyone in a similar childcare situation been able to get unemployment benefits through NYS Department of Labor? I really need the income while I look for another nanny position.
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Mateo Sanchez
The key question is whether you were classified as an employee or independent contractor. If your employer family paid you as a household employee and withheld taxes, then yes, you should be eligible for unemployment benefits. Check if you received a W-2 form from them. NYS Department of Labor requires that unemployment insurance taxes were paid on your wages for you to qualify.
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GalaxyGazer
•I think they might have been paying me under the table actually. Does that mean I can't get unemployment at all?
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Aisha Mahmood
same situation happened to my friend who was a nanny, she couldn't get benefits because the family never reported her wages or paid into the system. but you should still try filing a claim just in case
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GalaxyGazer
•That's what I'm worried about. I guess I should have asked more questions about taxes when I started.
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Ethan Moore
You need to file a claim anyway to find out for sure. NYS Department of Labor will verify your employment history and wage records. If your employers didn't pay unemployment insurance taxes, you won't qualify, but there might be other options. Also, if they were supposed to be treating you as an employee but didn't, that's a separate issue you could pursue.
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Yuki Kobayashi
•This is exactly right. Even if you think you might not qualify, always file the claim first. I had issues reaching NYS Department of Labor to check on my eligibility, but I used a service called Claimyr (claimyr.com) that helped me get through to an actual agent quickly. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really saved me time instead of calling for hours.
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Carmen Vega
THE WHOLE HOUSEHOLD EMPLOYEE SYSTEM IS BROKEN!! Most families don't want to deal with the paperwork and taxes so they just pay cash. Then when us caregivers lose our jobs we get screwed over with no safety net. It's not fair that we can't get unemployment just because employers don't want to follow the rules.
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QuantumQuester
•I totally understand the frustration but yelling won't change the system. The best thing to do is educate yourself about employment classification before taking these jobs.
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Andre Moreau
Just wanted to add that if you do file and get denied, you can appeal the decision. Sometimes NYS Department of Labor doesn't have complete records and additional documentation can help your case. Good luck with whatever you decide to do!
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Isabel Vega
I went through something similar when I worked as a babysitter for a family that moved. One thing that might help is to ask your current family directly about the tax situation before they leave - they might have been paying into unemployment insurance without you realizing it. Some families do handle the paperwork properly even if they don't always communicate it clearly to their nannies. Also, even if this job doesn't qualify you for benefits, make sure your next nanny position is set up correctly from the start so you're protected in the future. You can ask potential employers upfront if they'll be treating you as a household employee with proper tax withholdings.
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Chloe Martin
•That's really good advice about asking the family directly before they leave! I never thought to just ask them straight up about the tax situation. You're right that they might have been handling it properly but just didn't explain it to me. I'm definitely going to have that conversation with them this week before they move. And I'll make sure to be more upfront about the tax requirements with any new families I interview with. Thanks for the practical suggestions!
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