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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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CosmicCruiser

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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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Sean Doyle

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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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CosmicCruiser

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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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Zara Rashid

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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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CosmicCruiser

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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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Luca Romano

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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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Nia Jackson

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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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NebulaNova

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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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Zara Rashid

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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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Sean Doyle

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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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CosmicCruiser

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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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CosmicCruiser

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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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Luca Romano

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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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Sean Doyle

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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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Nia Jackson

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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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CosmicCruiser

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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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Zara Rashid

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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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CosmicCruiser

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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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NebulaNova

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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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Sean Doyle

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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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