Can self employed file for unemployment with NYS Department of Labor?
I've been running my own small landscaping business for the past 2 years but work has completely dried up this winter. I'm wondering if I can file for unemployment benefits through NYS Department of Labor as a self-employed person? I know the rules changed during COVID but I'm not sure what applies now. Has anyone been through this process recently?
12 comments

Ethan Brown
Unfortunately, regular unemployment insurance through NYS Department of Labor is only for employees who had wages withheld for unemployment taxes. As self-employed, you weren't paying into the UI system so you can't collect regular benefits. The Pandemic Unemployment Assistance (PUA) program that covered self-employed ended in 2021.
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GalacticGladiator
AuthorThat's what I was afraid of. So there's really no safety net for people like us anymore?
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Yuki Yamamoto
wait i thought there was still something for gig workers and contractors? maybe im confusing it with something else
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Carmen Ruiz
You might be thinking of other states that have their own programs, but New York's PUA ended when the federal program ended. Some people get confused because they hear about unemployment for contractors in other places.
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Andre Lefebvre
Have you considered applying anyway? The worst they can say is no, and sometimes the NYS Department of Labor system flags things that might qualify under special circumstances. I had a friend who was technically self-employed but also did some W-2 work and was able to get benefits based on that.
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GalacticGladiator
AuthorI did have one client who paid me as a W-2 employee last spring for about 3 months. Would that count for anything?
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Ethan Brown
Yes! If you had W-2 wages in the last 18 months, you might qualify for regular UI benefits. You'd need to have earned at least $2,400 in covered employment during your base period. Check your earnings record on the my.ny.gov website.
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Naila Gordon
@GalacticGladiator definitely apply if you had W-2 wages! Even if it was just 3 months, that could be enough to establish a claim. The base period they look at is usually the first 4 of the last 5 completed calendar quarters before you file. So if you earned enough during that W-2 period, you might qualify for benefits based on those wages. The online application will calculate it for you automatically.
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Zoe Dimitriou
The NYS Department of Labor phone system is impossible to get through to ask these kinds of questions. I've been trying for weeks to clarify my own eligibility issues. If you need to actually talk to someone, I found this service called Claimyr (claimyr.com) that helps you get through to actual agents. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of calling and getting hung up on.
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QuantumQuest
interesting, never heard of that before. does it actually work or is it just another scam?
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Zoe Dimitriou
It's legit - they don't ask for any personal info, just help you navigate the phone system. I was skeptical too but it actually got me through to someone who could explain my claim status.
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Jamal Anderson
I'm in a similar boat with my freelance graphic design work. The whole system is set up for traditional employees and leaves us entrepreneurs hanging. It's frustrating because we pay plenty of other taxes but can't access these safety nets when we need them most.
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