Can a self employed person apply for unemployment benefits through NYS Department of Labor?
I've been running a small photography business for the past two years but work has completely dried up since the economy got tough. I'm wondering if I can file for unemployment benefits as a self-employed person? I know the rules changed during covid but I'm not sure what the current situation is with NYS Department of Labor. Has anyone who was self-employed successfully gotten UI benefits recently? I've been paying taxes on my business income so I'm hoping that counts for something.
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Lauren Zeb
Unfortunately, traditional unemployment insurance (UI) through NYS Department of Labor is only for people who were employees and had unemployment insurance taxes paid on their behalf by employers. Self-employed individuals typically don't qualify for regular UI benefits because you haven't been paying into the unemployment insurance system as an employee would.
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Ryan Andre
•That's what I was afraid of. So there's really no safety net for self-employed people at all anymore?
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Daniel Washington
The Pandemic Unemployment Assistance (PUA) program that covered self-employed people ended in September 2021. Right now there isn't a federal program specifically for self-employed unemployment. You might want to look into other assistance programs through your county or see if you qualify for any small business relief programs that are still available.
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Aurora Lacasse
•Yeah PUA was a lifesaver but that's long gone now. It's really frustrating that self-employed people are just left hanging when business dries up.
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Anthony Young
Wait I thought if you had some W2 income mixed with self employment you might still qualify? Like if you did some freelance work where clients sent you 1099s but also had a part time job with an employer?
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Lauren Zeb
•That's correct! If you had W2 employment in addition to self-employment, you might qualify for UI based on the W2 wages. NYS Department of Labor looks at your employment history over the past 18 months. You'd need to meet the minimum wage requirements from covered employment though.
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Ryan Andre
•I did have a part-time teaching job at a community college last year that gave me W2s. Maybe I should try applying and see what happens?
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Charlotte White
Honestly dealing with NYS Department of Labor phone system is impossible these days. I spent weeks trying to get through to clarify my eligibility when I had mixed income. If you do decide to apply, you might want to check out claimyr.com - they have a service that helps you actually reach a real person at NYS Department of Labor. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of sitting on hold.
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Admin_Masters
•never heard of that but honestly anything is better than the runaround you get calling the regular number
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Matthew Sanchez
The whole system is messed up if you ask me. Self employed people pay taxes but get no unemployment protection. Meanwhile people who worked traditional jobs get benefits. Makes no sense!
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Daniel Washington
•I understand the frustration, but unemployment insurance is funded by employer contributions, not general tax revenue. Self-employed people don't pay into the UI system the same way employees do.
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Yuki Tanaka
Ryan, definitely try applying if you had that W2 income from the community college teaching job! The key is whether you earned enough in covered wages during your base period (usually the first 4 of the last 5 quarters). Even if your photography business was your main income, those W2 wages could make you eligible. The worst they can do is deny you, but you might be surprised. Just make sure when you apply that you focus on the loss of your teaching work rather than the photography business decline, since only the W2 employment counts toward eligibility.
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