Can freelancers apply for unemployment benefits through NYS Department of Labor?
I've been doing freelance graphic design work for the past two years but my main client just cut my contract and I'm not finding new work. I always thought unemployment was only for regular employees but someone told me freelancers might be eligible now? I've been paying into the system as a 1099 contractor. Does anyone know if I can actually file a claim with NYS Department of Labor or am I wasting my time? I really need some income while I look for new clients.
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TillyCombatwarrior
Unfortunately, traditional unemployment insurance through NYS Department of Labor is still only for W-2 employees who have wages reported by employers. As a 1099 contractor, your earnings weren't subject to unemployment insurance taxes, so you wouldn't have built up benefit credits. The pandemic programs like PUA that covered freelancers ended in 2021. Your best bet might be looking into other safety net programs or seeing if you qualify for any state assistance programs.
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Dyllan Nantx
•That's what I was afraid of. It seems so unfair that we pay all these taxes but can't get unemployment when work dries up.
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Anna Xian
wait i thought they changed this after covid?? my friend who does uber said he got unemployment last year
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TillyCombatwarrior
•Your friend may have qualified under the temporary pandemic programs, but those all expired by September 2021. Regular unemployment through NYS Department of Labor hasn't changed - it's still only for traditional employees with W-2 wages.
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Jungleboo Soletrain
I had a similar situation when my consulting work dried up in 2023. You might want to check if any of your freelance work was misclassified - sometimes companies treat people as contractors when they should legally be employees. If you can prove employee status for any recent work, you might have a case. Also worth calling NYS Department of Labor directly to ask about your specific situation. I used a service called Claimyr (claimyr.com) to actually get through to an agent - their phone system is impossible otherwise. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works.
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Dyllan Nantx
•Interesting point about misclassification. I did have one client that controlled my hours pretty strictly and provided equipment. Maybe I should look into that angle.
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Rajan Walker
•How much does that Claimyr thing cost? I've been trying to reach NYS Department of Labor for weeks about my regular claim.
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Nadia Zaldivar
The whole system is BROKEN for gig workers and freelancers! We're supposed to be independent but then get zero support when the economy tanks. Every other developed country has figured this out but not us. Makes me want to just get a regular job for the security.
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Lukas Fitzgerald
•I feel you on this. Been freelancing for 5 years and every slow period is terrifying because there's no safety net.
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Tobias Lancaster
Have you considered looking into New York State's Freelance Isn't Free Act? While it doesn't help with unemployment benefits, it might give you some legal recourse if any clients haven't paid you properly. Also, you might want to check if you qualify for SNAP benefits or other assistance programs while you're looking for new work. The Empire State Development agency sometimes has resources for freelancers and small business owners too. It's not unemployment, but every bit helps when income is tight.
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