Can contractors collect unemployment benefits through NYS Department of Labor?
I've been working as an independent contractor for a marketing agency for the past 8 months but they just ended my contract with no warning. I never paid into unemployment insurance since I was getting 1099s, but I'm wondering if there's any way I can still file for unemployment benefits with NYS Department of Labor? I'm really struggling to find new work and could use the financial help. Has anyone been in a similar situation or know if contractors have any options for unemployment assistance?
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Liv Park
Unfortunately, true independent contractors typically can't collect regular unemployment benefits because you haven't been paying into the UI system. However, you should still apply because sometimes worker classification gets disputed. NYS Department of Labor will investigate whether you were actually an employee who was misclassified as a contractor. If they determine you were really an employee, you could be eligible for benefits.
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Charlee Coleman
•That's interesting about the misclassification thing. How would they determine if I was actually an employee? I did work set hours and they provided all the equipment I used.
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Leeann Blackstein
You should definitely apply anyway! I had a friend who was told she was a contractor but NYS Department of Labor ruled she was actually an employee because the company controlled how, when, and where she worked. The worst they can do is deny your claim, but if there's any chance you were misclassified it's worth fighting for.
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Ryder Greene
•This happened to my brother too - he thought he was just a contractor but turned out the company should have been treating him as an employee the whole time
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Carmella Fromis
I spent months trying to get through to NYS Department of Labor about my contractor situation and kept getting different answers from different people. Finally used claimyr.com to actually reach an agent who could walk me through the process properly. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me so much frustration trying to get someone on the phone.
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Charlee Coleman
•Thanks for the tip! The phone lines are always busy when I try calling. Did they help you figure out if you qualified?
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Carmella Fromis
•Yeah they helped me understand the whole worker classification process and what documentation I needed to provide. Made the whole thing way less confusing.
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Theodore Nelson
ugh the whole contractor vs employee thing is so confusing!! I never know if im supposed to be getting benefits or not. seems like companies just call everyone contractors to avoid paying for stuff
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AaliyahAli
From what I understand, NYS Department of Labor looks at factors like whether you set your own schedule, use your own tools, have other clients, etc. If the company controlled most aspects of your work, you might have been misclassified. Definitely worth applying and letting them make the determination.
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Ellie Simpson
•Exactly this. The key is who had control over the work. If they told you when to work, how to do the job, and provided equipment, that sounds more like an employee relationship to me.
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