Can contract employees get unemployment benefits through NYS Department of Labor?

Unfortunately, true independent contractors (1099 workers) generally don't qualify for regular unemployment insurance through NYS Department of Labor because you haven't been paying into the UI system. However, you might want to check if you were misclassified as a contractor when you should have been an employee. NYS Department of Labor looks at factors like whether the company controlled your work schedule, provided equipment, or directed how you performed tasks.

yeah my cousin went through this same thing last year, turns out his 'contractor' job was actually supposed to be W2 employee and he got unemployment plus back wages

You'll need to file for a determination of your employment status first. Contact NYS Department of Labor and explain your work situation - the laptop, office hours, and how much control they had over your work. If they determine you were misclassified, you can then file for regular UI benefits. The process takes time though, so start as soon as possible.

this is exactly why I hate dealing with NYS Department of Labor!! they make everything so complicated when people just need help. the whole contractor vs employee thing is ridiculous - if you worked there regularly you should get benefits period

If you're having trouble getting through to NYS Department of Labor to discuss your situation, I had success using a service called Claimyr (claimyr.com) that helped me reach an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. It was really helpful when I needed to clarify my employment status after being laid off from what I thought was contractor work.

I'm in a similar boat - been doing freelance web design but one client was basically my full-time job for 6 months. They controlled everything about how I worked. Wondering if I should look into this misclassification thing too?

@Zoe Dimitriou - Based on what you've described (company laptop, required office hours, specific schedule), you definitely sound like you were misclassified as a contractor when you should have been an employee. This is actually pretty common unfortunately. I'd recommend filing that determination request with NYS Department of Labor ASAP since it can take weeks to process. While you're waiting, also check if you qualify for any emergency assistance programs through your county's social services department - they might have rent assistance or food programs that can help bridge the gap. Document everything about your work arrangement (emails about schedules, equipment they provided, etc.) because you'll need that evidence for your case.

I went through something really similar about 6 months ago! I was classified as a 1099 contractor but my "client" basically treated me like a regular employee - set my hours, gave me company equipment, told me exactly how to do everything. When they let me go, I filed a SS-8 form with the IRS first to get an official determination, then used that with my NYS Department of Labor claim. It took about 2 months total but I did get approved for UI benefits retroactively. The key thing is documenting EVERYTHING - save all emails about schedules, any employee handbook they gave you, photos of the company equipment, etc. Also keep track of how much control they had over your work methods vs just the end result. Good luck!

I've been through this exact situation! Was working as a "contractor" for a tech startup but they provided my laptop, required me to be in their office 9-5, and micromanaged every aspect of my work. When they terminated my contract, I initially thought I was out of luck for unemployment. But after reading about worker misclassification, I decided to challenge it. I filed with NYS Department of Labor explaining my situation with all the documentation I could gather - emails about required office hours, the equipment agreement, performance reviews that looked exactly like employee evaluations. It took about 6-8 weeks, but they ruled I was misclassified and I was able to get UI benefits. The process was stressful but totally worth it. Start documenting everything NOW while it's fresh in your memory, and don't let them get away with misclassifying you just to avoid paying into unemployment insurance. You worked there, you deserve the protections that come with employment!

I work for a local employment attorney's office and see misclassification cases like this all the time. The factors you mentioned - company laptop, required office hours, controlled schedule - are textbook signs of employee misclassification. NYS Department of Labor uses what's called the "ABC test" to determine worker status, and it sounds like your situation would fail at least parts B and C (work integral to business, work performed as regular occupation). I'd recommend filing for the employment status determination immediately - you can do this online through the NYS DOL website or call their employer services line. While waiting for that decision, also consider filing for other assistance programs through your local DSS office. Document everything: emails about schedules, the laptop agreement, any training they provided, how they directed your daily tasks. The more evidence you have of their control over your work, the stronger your case will be. Don't let them get away with avoiding payroll taxes and UI contributions at your expense!

I'm so sorry you're going through this - it's frustrating how many companies try to avoid their responsibilities by misclassifying workers. Based on everything you've described (company laptop, required office hours, controlled schedule), you have a really strong case for being misclassified as a contractor when you should have been treated as an employee. I'd definitely start the employment status determination process with NYS Department of Labor right away since it can take several weeks. In the meantime, don't forget to apply for any emergency assistance programs in your county - many have rent relief or food assistance that can help while you're waiting. Also, start gathering every piece of documentation you can find: emails about schedules, any employee handbook or policies they gave you, training materials, the laptop agreement, anything showing how they controlled your work methods rather than just setting deadlines. The more evidence you have of their control over HOW you worked (not just WHAT you delivered), the stronger your case will be. You worked there regularly and they treated you like an employee - you absolutely deserve unemployment benefits!