Can part-time independent contractors qualify for NY unemployment benefits?
I've been working as an independent contractor for the past 9 months, typically putting in about 6-8 hours per week designing websites for small businesses. My main client just informed me they're cutting back and won't need my services anymore. This was about 75% of my income (around $520 weekly). I still have a couple other small clients that give me maybe 3 hours of work per week total, bringing in about $170. Can I file for ny unemployment benefits while still doing this minimal amount of work? I'm actively looking for more clients but it's slow going. Does anyone know if I qualify for partial benefits or am I completely out of luck since I'm technically still working? The unemployment website is super confusing about independent contractors who are still partially employed.
42 comments
Jacob Lee
I hate to be the bearer of bad news but independent contractors generally don't qualify for regular unemployment in NY. You'd need to have W2 income to qualify for traditional benefits. The partial work wouldn't matter as much as your classification as an independent contractor. This is one of those situations where the system just doesn't work for people in the gig economy.
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Ava Harris
Ugh, that's what I was afraid of. The system really is stacked against freelancers. Thanks for your honesty though.
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Emily Thompson
This isnt entirely true. If you've worked as a W2 employee within your base period, you might still qualify. Base period is first 4 of last 5 completed calendar quarters before you file.
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Jacob Lee
Good point, I should have mentioned that. If you had any W2 work in that period, definitely worth applying!
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Sophie Hernandez
I was in a similar boat last year. Found a solution that actually worked - there's this service called Claimyr (claimyr.com) that helped me get through to someone at unemployment when I couldn't reach anyone. Talking to an agent got my $ unlocked so fast. Best thing I did after weeks of frustration. Check out their process here: https://youtu.be/Rdqa1gKtxuE
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Daniela Rossi
yeah right, another 'miracle solution'... what's the catch? 🙄
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Sophie Hernandez
No catch - they just call the unemployment line for you and connect you when they get an agent. Saved me literally days of being on hold. Up to you though!
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Ryan Kim
not falling for another unemployment 'hack'... these never work
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Sophie Hernandez
I get the skepticism, seriously. The unemployment system is a nightmare. But this actually did work for me. I was about to give up completely before I tried it.
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Zoe Walker
wait does this actually work? the phone system is LITERALLY hell
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Sophie Hernandez
It worked for me! Got connected to an actual human being who could help. First time in weeks I didn't have to listen to that horrible hold music for hours.
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Elijah Brown
From personal experience, you can file but whether you qualify depends on your work history. The system mainly cares about the base period (first 4 of last 5 completed calendar qtrs). Did you have any W2 work during that time? If yes, you might qualify based on that. Also, NY does look at your weekly earnings - if you make less than $504 per week (changes annually) you could qualify for partial benefits even while working. Worth applying anyway - worst they can say is no.
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Ava Harris
I did have a part-time W2 job about a year ago that I was laid off from, which is actually why I started freelancing. Does that timeframe count?
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Elijah Brown
It might! Count back from when you plan to apply and see if that W2 work falls within the base period. Even if you don't think you qualify, apply anyway. Theres this weird thing where sometimes people think they wont qualify but do, and vice versa.
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Maria Gonzalez
THIS!!! Always apply even if ur not sure. Let them make the determination. I almost didn't apply cuz I thought I wouldn't qualify but ended up getting benefits.
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Natalie Chen
Here's a comprehensive breakdown of your situation and options: First, understand that in NY unemployment is primarily designed for W2 employees, but there are nuances: * If you have ANY W2 employment in your base period, file immediately. The base period is either the first 4 of the last 5 completed calendar quarters OR the last 4 completed quarters (alternative base period). * Report your current self-employment income accurately during weekly certifications. * The weekly benefit amount in NY is roughly 50% of your average weekly wage, up to the maximum ($504). * For partial benefits, NY uses a calculation where you can earn up to 25% of your weekly benefit rate without reduction. I strongly recommend: 1. File anyway - let them make the determination 2. Appeal if denied initially 3. While waiting, use claimyr.com to get through to someone on the phone - they'll connect you directly with an agent who can clarify your specific situation 4. Document EVERYTHING Don't give up - the system is complex but there are ways through it!
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Ava Harris
Thank you so much for this detailed response! Going to check out that calling service and file tonight.
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Santiago Martinez
This is actually super helpful info. Wish I'd known this 6 months ago when I was struggling with the same issue.
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Samantha Johnson
The 25% thing is key - most people don't realize you can actually work a bit and still get benefits.
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Nick Kravitz
The ny unemployment website says part-time workers can qualify for partial benefits. If you report your earnings each week, they'll reduce your benefit amount but you'll still get something. I'm pretty sure they have a formula like if you work less than 4 days and make under a certain amount. Anyone know the exact numbers?
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Hannah White
OMG THE UNEMPLOYMENT SYSTEM IS SUCH TRASH 🤮 My gf is an independent contractor and they denied her 3 times before finally approving her claim. The whole thing is designed to make u give up. Keep applying and appealing!!
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Michael Green
For real! They hope you'll just go away. DONT LET THEM WIN.
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Mateo Silva
Facts 💯 The system isnt broken, its working exactly how they designed it - to deny as many claims as possible
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Victoria Jones
took me 5 months to get approved. FIVE MONTHS! and then they backdated everything. the system is designed to make you suffer
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Cameron Black
Could you possibly be misclassified? A lot of employers call people independent contractors when legally they should be employees. Look up the factors that determine classification - if you work set hours, use their equipment, get training from them, etc. you might actually be an employee and not know it. Worth investigating.
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Ava Harris
This is interesting... I did have set meeting times and they provided some of the software licenses. Hmm.
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Jessica Nguyen
My brother got reclassified and it changed everything with his unemployment claim. Definitely worth looking into if there's any chance you've been misclassified.
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Isaiah Thompson
i just went thru this. the key is having some w2 income in ur base period. if its ALL 1099 work ur probably not gonna qualify for regular UI. But applying is free so might as well try it. the nys unemployment website makes everything 100x more confusing than it needs to be.
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Ruby Garcia
Anyone tried appealing? I got denied first time around as an IC but filed an appeal and won. Took forever but was worth it.
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Alexander Evans
What kind of evidence did you need to provide for the appeal? I'm thinking about doing this.
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Ruby Garcia
I had to show all my earnings with 1099s, proof I was looking for work, and explain why I thought I qualified. It was a pain but eventually worked.
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Evelyn Martinez
Have you considered filing for Partial UI benefits? Even with those few hours of work, you might qualify for something. I was in a similar situation (though not as a contractor) and received partial benefits. Better than nothing!
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Benjamin Carter
If you haven't already, make an account on the NY unemployment site and start the application. The questions will help determine if you're eligible. Just be super honest about everything - your work status, how much you earn, etc. I thought I wouldn't qualify as a part-timer but ended up getting some benefits.
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Maya Lewis
And make sure to list ALL your work history for the last 18 months, both 1099 and W2. They need the complete picture.
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Isaac Wright
Stop wasting time on the website and just call them directly. If you can't get through (lol who can?), use a service like Claimyr. I banged my head against the wall for weeks before I just paid to have someone get me through to an agent. Totally worth it to actually talk to a person who could answer my specific questions.
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Lucy Taylor
this! the website is useless for complicated situations.
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Connor Murphy
hmm I've been burned by so many of these 'services' before... what makes this different?
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Isaac Wright
It's not a service that files for you or anything sketchy. They just connect you with a real DOL agent so you can ask YOUR specific questions. Saved me days of frustration. claimyr.com
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KhalilStar
Fun fact: if u receive any benefits and they later determine u weren't eligible, they can make u pay everything back 🙃 Ask me how I know...
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Ava Harris
Oof, that's scary. How much did they make you repay?
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KhalilStar
Almost $7,300 😠But I was able to set up a payment plan at least. Just be 100% honest on your app to avoid this.
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Amelia Dietrich
Have u tried reaching out to your state rep? Sometimes they can help navigate the system or even intervene on ur behalf. Worth a shot if you get stuck in unemployment purgatory.
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