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CosmicCruiser

Can part-time independent contractors qualify for NY unemployment with few hours?

I've been working as an independent contractor in NY for about 8 months, but my hours recently got cut WAY back - I'm only getting like 6-8 hours a week now when I used to get 30+. Not nearly enough to cover my bills! Can I even apply for NY unemployment in this situation? I've never filed before and always thought it was only for regular employees who got laid off completely. Does anyone know if part-time independent contractors can qualify for partial benefits? The NYSDOL website is super confusing about this...

Yes, independent contractors in NY can potentially qualify for unemployment benefits, but there are specific requirements. The key factor is whether you're truly an independent contractor or might be considered an employee under NY law (misclassification happens a lot). For your situation with reduced hours, you might qualify for partial benefits if your weekly earnings fall below a certain threshold. When you file, the system will calculate your benefit rate based on your previous earnings. You'll need to submit documentation of your income history, like 1099 forms, tax returns, and payment records. Be prepared for additional questions since independent contractor claims often receive extra scrutiny.

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Thank you for the info! Do you know if they'll look at my W2 income from last year too? I had a regular job until December 2024 before switching to contract work. Would that help my case?

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i filed as contractor last yr when my client cut my hours. they make u fill out extra forms to prove ur not an employee. took like 3 weeks longer than my friend who was w2. they asked for my 1099s, bank statements, invoices, contracts etc

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That's good to know. Did they approve you even though you still had SOME hours, just reduced? That's my main concern - I'm not completely without work, just severely reduced.

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The crucial thing here is understanding partial benefits in NY. If your weekly income falls below 1.5x your weekly benefit rate, you could qualify for partial benefits. For example, if your calculated weekly benefit would be $400 (based on previous earnings), you can earn up to $600 weekly and still get partial benefits. The amount decreases as your income approaches that threshold. Also important - NY uses a "high quarter" calculation method. They look at your highest earning quarter in the base period (usually the first 4 of the last 5 completed calendar quarters). So your W2 income from 2024 would definitely be considered if it falls within that period. You'll need to certify weekly and report all earnings, even small amounts.

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This is super helpful, thank you! I never realized there was an actual formula for partial benefits. Do you know if I have to report my gross earnings or what I actually take home after business expenses?

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Just wanted to add my experience - my brother is a contractor who got approved when he lost his main client last month. It's definitely possible but he said getting through to someone on the phone was INSANELY hard - took him like 40+ calls over 3 days before he got through.

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I had the same issue trying to reach someone at NYSDOL! After wasting days trying to get through, I used Claimyr.com and got connected to an agent in under 10 minutes. Saved me so much frustration. They have a video showing how it works: https://youtu.be/Rdqa1gKtxuE - totally worth it when you're desperate to get your claim sorted out.

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DONT GET YOUR HOPES UP!! I tried this exact thing in January 2025 and got DENIED because they said I was "still employed" even though my hours were cut from 40 to 10!!! The system is RIGGED against independent contractors!!! They make it IMPOSSIBLE to qualify!!!

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I'm sorry you had that experience, but each case is evaluated individually. Being denied doesn't necessarily mean the system is rigged. Your specific circumstances might not have met the requirements, or perhaps there was missing documentation. Many contractors do successfully receive benefits when they qualify.

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Does anyone know if we have to do the work search requirements if we're applying as a contractor with reduced hours? Do I have to look for a new job when I still technically have one? So confusing...

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Yes, you still need to meet work search requirements even with partial benefits. For NY in 2025, that means documenting at least 3 work search activities per week. However, if you're trying to find additional contract work in your field, those efforts can count toward your work search activities. Just be sure to document everything carefully.

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hey op ive been thinking about ur situation more. did ur client reduce ur hours or did u choose to work less? cuz that matters alot. if u reduced ur own hours u probably wont qualify

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The client definitely reduced my hours - I didn't choose this at all! They basically said they don't have enough work right now but they want to keep me on for the few projects they still have. So I'm technically still "employed" but with barely any income.

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To follow up on your earlier question about reporting earnings: For independent contractors, you report gross earnings minus business expenses for the week. Keep detailed records of all expenses you deduct. Also, regarding your W2 employment from 2024 - that will definitely factor into your benefit calculation if it falls within the base period (first 4 of the last 5 completed calendar quarters). This could significantly help your benefit amount. One more thing to be aware of: if you file, you'll need to continue certifying weekly, reporting any hours worked and income earned, even as your contract situation changes.

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Thanks for all your help! I'm going to gather all my documentation and apply this weekend. I have all my invoices, 1099s, and contracts saved so hopefully that's enough. I'll update here once I hear something back from NYSDOL.

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Anyone know how long approvals are taking these days? My friend applied in March and still waiting...

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mine took about 4 weeks but that was in january. heard its taking longer now cuz of all the tech layoffs in nyc flooding the system

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Just wanted to mention - for contractor claims, it's super important to speak with an actual claims specialist who understands the nuances. Like others mentioned, getting through on the phone can be nearly impossible. After spending days redialing, I found Claimyr.com which connects you directly to a NYSDOL agent. Within minutes I was able to explain my contractor situation and get personalized guidance. Definitely check out their demo (https://youtu.be/Rdqa1gKtxuE) if you keep hitting walls with the automated system.

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Thanks for the suggestion - I'll definitely keep this in mind if I run into problems. I've heard the contractor review process can get complicated, so talking to an actual person would probably help my case.

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I'm in a similar situation but as a freelancer not contractor. My main client cut my projects from 5 a month to just 1! I wonder if the application process is the same for us? Has anyone done this as a freelancer specifically?

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The process is essentially the same for freelancers and independent contractors in NY's UI system. Both fall under the category of self-employed individuals. The documentation requirements and eligibility criteria apply similarly to both groups.

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UPDATE: I submitted my application yesterday and got an email saying they need additional information because I'm an independent contractor. They're asking for copies of contracts, 1099s, and bank statements showing deposits. Just a heads up for anyone else in my situation - make sure you have all this ready before you apply!

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That's normal for contractor claims! Make sure you submit everything they ask for promptly. Also, pay careful attention to any deadlines they give you - missing those can result in automatic denial. Good luck with your claim!

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this is why the gig economy is such a SCAM!! companies save money by not having real employees then we get screwed when work dries up!!! the whole system needs to change!!

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true but at least NY is better than some states. my cousin in texas got nothing when the same thing happened to him last year

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Good luck with your claim, CosmicCruiser! Your situation sounds like a strong case for partial benefits since your client reduced your hours involuntarily. Just wanted to add that when you're gathering your documentation, include any email or written communication from your client about the hour reduction - this can help prove it wasn't your choice. Also, since you had W2 income until December 2024, that should definitely help your benefit calculation. The combination of recent W2 earnings plus current 1099 work might actually work in your favor. Keep us posted on how it goes!

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That's a great point about documenting the communication from the client! I do have emails where they mentioned cutting back on projects due to "budget constraints" - I'll definitely include those with my documentation. It's reassuring to hear that my W2 income from last year could help with the calculation. I'm cautiously optimistic but trying not to get my hopes up too much after reading about some of the denials. Thanks for the encouragement!

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I'm in a very similar situation - been working as a contractor for a marketing agency and my hours got slashed from 25-30 per week down to about 8-10. It's been really stressful trying to figure out if I even qualify for anything. Reading through all these responses has been super helpful! I didn't realize that having previous W2 income could actually help with the benefit calculation. I worked full-time until October 2024 before going contract, so hopefully that works in my favor too. The documentation requirements sound intense but I guess that's just part of the process. Thanks everyone for sharing your experiences - it's nice to know I'm not alone in this situation!

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You're definitely not alone! It sounds like you have a really solid case with your previous W2 employment helping your benefit calculation. The marketing agency context is actually pretty common - I've seen several people in similar situations get approved. Just make sure you have all your contracts and any communication about the hour reduction ready to go. The process might take a while but it sounds like you have all the right documentation. Have you started gathering everything together yet?

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I just wanted to chime in as someone who successfully got partial unemployment benefits as an independent contractor in NY last year. The key things that helped my case were: 1) Having detailed records of my previous earnings (both 1099 and W2), 2) Documentation showing the client reduced my hours involuntarily, and 3) Being persistent with follow-ups when they requested additional information. One tip I wish I'd known earlier - when you report your weekly earnings, make sure you're consistent with how you calculate business expenses. They may ask for clarification later if your numbers don't match up. Also, the work search requirements do apply even with partial benefits, but networking activities and pitching new clients can count toward those requirements. The whole process took about 6 weeks for me from application to first payment, but it was worth it during that tough period. Hang in there - it sounds like you have a good case with your involuntary hour reduction and previous W2 history!

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This is incredibly helpful, Carmen! Six weeks from application to first payment actually sounds reasonable given all the horror stories I've heard. Your point about being consistent with business expense calculations is really important - I hadn't thought about how they might cross-reference those numbers later. It's also good to know that networking and client pitching can count toward work search requirements since that's what I'd be doing anyway to try to find more contract work. Thanks for sharing your success story - it gives me hope that this process can actually work out!

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I've been following this thread and wanted to share some additional insights for anyone dealing with reduced contractor hours in NY. One thing that hasn't been mentioned yet is the importance of understanding how NY calculates your "base period" earnings. Since the system looks at your highest earning quarter in the base period, having that W2 income from 2024 could actually result in a higher weekly benefit amount than if you only had contractor income. Also, for those worried about the documentation requirements - yes, they're extensive for contractors, but think of it as building a strong case. The more thorough your documentation, the less likely you'll face delays or denials. Include everything: contracts, invoices, payment records, bank statements, and especially any communication showing the hour reduction was involuntary. One last tip: if you do get approved for partial benefits, keep meticulous records of your weekly certifications. The system can flag inconsistencies later, and you want to be able to back up every number you report. Good luck to everyone navigating this process!

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This is such valuable information, Samuel! The point about the base period calculation is really important - I hadn't fully understood how having that higher W2 income from 2024 could actually boost my weekly benefit amount compared to just contractor earnings. That's actually pretty encouraging since my regular job paid significantly more than what I'm making now as a contractor. Your advice about keeping meticulous records for weekly certifications is also spot on - I can see how easy it would be to make small errors that could cause problems later. I'm definitely going to create a dedicated folder for all this documentation. It's reassuring to hear from people who've successfully navigated this process!

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Just wanted to add another perspective as someone who went through this process recently. I was in almost the exact same situation - independent contractor with hours cut from 35+ to about 10 per week due to client budget issues. A few things that really helped my case: First, I made sure to emphasize in my application that the hour reduction was completely involuntary - I even included timestamps from emails where my client informed me about the cuts. Second, having my 2024 W2 income in the base period significantly increased my benefit amount compared to what it would have been with just contractor earnings. The approval process took about 5 weeks total, and I had to submit additional documentation twice. They wanted proof of my contractor relationship (signed contracts), payment history (bank statements showing deposits), and evidence that I was genuinely available for full-time work despite still having some hours. One thing I learned: when reporting weekly earnings for partial benefits, you need to be very precise about what constitutes a "business expense" that can be deducted. Keep receipts for everything and be conservative in your deductions to avoid any red flags later. The work search requirements do apply, but actively seeking additional contract work or networking in your field counts toward the three weekly activities. Document everything - who you contacted, when, and what type of opportunity it was. Don't get discouraged if it takes longer than expected. The contractor review process is more thorough, but that's actually good news if your case is legitimate. Hang in there!

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Dylan, this is exactly what I needed to hear! Your timeline of 5 weeks and having to submit additional documentation twice actually makes me feel more prepared for what's ahead. I'm really glad you mentioned being precise about business expense deductions - that seems like an area where it would be easy to make mistakes that could hurt your case later. I've been keeping all my receipts but I'll definitely err on the conservative side when calculating deductions. It's also reassuring to know that networking and seeking additional contract work counts toward the work search requirements since that's naturally what I'd be doing anyway. Thanks for sharing such detailed insights from your experience - it really helps to hear from someone who successfully went through this exact situation!

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I've been lurking on this thread and finally decided to create an account to share my experience. I went through this exact process about 6 months ago as a freelance graphic designer whose main client drastically reduced my project load. What I wish I'd known going in: the phone system is absolutely brutal, but don't let that discourage you from applying online first. The online application is actually pretty straightforward for basic info, and then they'll contact you about additional contractor documentation. One thing that really helped my case was creating a simple timeline document showing my normal income pattern vs. the dramatic drop when my client cut projects. Visual proof of the involuntary reduction seemed to resonate with the claims specialist I eventually spoke with. Also, regarding the work search requirements - I was worried about this since I was still technically "employed" by my main client with reduced hours. But they explained that seeking additional contract work, applying for full-time positions, and even attending industry networking events all count toward your weekly requirements. Just document everything with dates, contacts, and outcomes. The whole process took about 7 weeks for me, but I did get approved for partial benefits. Having my previous W2 employment in the base period definitely helped boost my weekly benefit amount. It's not a quick fix, but if your situation is legitimate (which yours sounds like it absolutely is), it's worth pursuing. Good luck!

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Aisha, thank you so much for sharing your experience! The timeline document idea is brilliant - I never would have thought to create a visual representation of the income drop, but that makes total sense as compelling evidence that the reduction was involuntary. I'm definitely going to put together something similar showing my normal 30+ hour weeks versus the current 6-8 hours. It's also really helpful to hear that networking events count toward work search requirements - I was planning to attend some industry meetups anyway, so knowing those can help fulfill the requirements is great. Seven weeks sounds manageable, especially knowing there's a good chance of approval at the end. Did you find the claims specialist helpful once you finally got through to speak with someone? I'm mentally preparing myself for the phone system battle but it sounds like it's worth the effort to get personalized guidance on the contractor-specific aspects of the claim.

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As someone who just went through a similar situation as an independent contractor in NY, I wanted to share what worked for me. I was doing freelance web development and my main client cut my monthly retainer from $4,000 to $1,200 - barely enough to survive. The key things that helped my approval: 1. I documented EVERYTHING - saved all emails about the hour/pay reduction 2. Had my 2024 W2 from my previous job which significantly boosted my benefit calculation 3. Created a detailed income comparison showing the dramatic drop wasn't by choice 4. Was completely honest about still having some work but emphasized the involuntary nature of the reduction The process took about 6 weeks total and I had to submit additional docs twice, but I did get approved for partial benefits. My weekly benefit amount was much higher than expected thanks to that prior W2 income being in the base period. For the work search requirements, actively pitching new clients and networking counted toward my weekly activities. I kept a simple spreadsheet with dates, company names, and contact methods. Don't let the horror stories scare you off - if your situation is legitimate (which yours absolutely sounds like), it's worth applying. The contractor review process is thorough but that works in your favor if you have proper documentation. Hang in there!

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This is incredibly encouraging to hear, Ahooker-Equator! The fact that your benefit calculation was boosted significantly by having W2 income in the base period gives me a lot of hope since I'm in a very similar situation. I love your approach of creating an income comparison document - that seems like such a smart way to clearly demonstrate that the reduction wasn't voluntary. Your timeline of 6 weeks with two rounds of additional documentation requests also helps set realistic expectations. I'm definitely going to start putting together my documentation package and create that comparison showing my normal income versus the current drastically reduced amount. It's really reassuring to hear from multiple people who've successfully navigated this process as contractors. Thanks for taking the time to share such detailed and helpful information!

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I've been following this thread closely as I'm in a nearly identical situation - independent contractor with hours cut from about 25/week down to maybe 6-8 hours. Reading everyone's experiences has been incredibly helpful and gives me hope that this might actually work! A few questions for those who've been through this process: How important is it to have the exact contract language that shows you're truly an independent contractor vs. potentially misclassified employee? My contract is pretty basic and doesn't have a lot of the typical IC language I've seen online. Also, when you submitted bank statements, did you need to highlight/annotate the deposits from your client, or just submit raw statements? The timeline document idea that Aisha mentioned is genius - I'm definitely going to create something similar. It's so helpful to see the consistent themes across successful applications: thorough documentation, proof the reduction was involuntary, and having that prior W2 income to boost the benefit calculation. Going to start gathering everything this weekend and apply next week. Fingers crossed! Will definitely update this thread with my experience for anyone else in this situation.

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