Can self employed get unemployment benefits from NYS Department of Labor?
I've been running my own landscaping business for the past 2 years but had to shut down due to a major injury that's keeping me out of work for at least 4-6 months. My accountant mentioned something about self-employed people potentially qualifying for unemployment but I thought that was only for regular employees? Has anyone who was self employed successfully gotten unemployment benefits through NYS Department of Labor? I'm really confused about the whole process and don't even know where to start.
20 comments


Butch Sledgehammer
Self-employed individuals generally don't qualify for regular unemployment insurance in New York since UI benefits are based on wages paid by employers who contribute to the system. However, there are some exceptions. If you had W-2 employment in addition to your self-employment during your base period, you might qualify based on those wages. You'd need to file a claim and let NYS Department of Labor determine eligibility based on your work history.
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Sara Unger
•I did work part-time at a garden center for about 8 months last year while building up my business. Would that count as enough to qualify?
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Freya Ross
You should definitely apply even if you're not sure about eligibility. The worst they can say is no, but NYS Department of Labor will review your entire work history during the base period. If you had any W-2 wages from that garden center job, those earnings could potentially make you eligible. The key is whether you earned enough in covered employment during your base period to meet the minimum requirements.
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Leslie Parker
•This is good advice. I was in a similar situation and it turned out my part-time job from 18 months ago was enough to qualify me for a small weekly benefit amount.
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Sergio Neal
wait i thought the pandemic programs covered self employed people? are those still available or did they end?
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Butch Sledgehammer
•Those pandemic programs like PUA ended in September 2021. Currently, self-employed individuals can only qualify for regular UI benefits if they also had traditional employment with an employer who paid into the system.
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Savanna Franklin
I had to deal with this exact situation last year when I couldn't reach anyone at NYS Department of Labor to get answers about my mixed employment history. After weeks of busy signals and dropped calls, I found this service called Claimyr at claimyr.com that actually got me through to a real person. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. It was honestly a lifesaver because I needed to explain my specific work situation to an actual agent rather than just guessing about eligibility online.
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Sara Unger
•Thanks for sharing this! I've been dreading trying to call them because I know how impossible it is to get through. Did they charge a lot for the service?
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Savanna Franklin
•It was worth it to actually get answers instead of spending hours on hold. The important thing is getting your questions answered by someone who knows the system.
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Juan Moreno
The system is so frustrating for people like us who don't fit the typical employee mold! I've been self-employed for 3 years and when I had to stop working due to health issues, I felt completely abandoned by the unemployment system. It's like they assume everyone has a traditional 9-to-5 job.
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Amy Fleming
•totally feel you on this. the whole system seems designed only for regular employees
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Taylor Chen
I went through something similar when I had to close my freelance consulting business due to a family emergency. The key thing to understand is that NYS Department of Labor will look at ALL your earnings during the base period, not just your self-employment income. Even if you only worked part-time at that garden center, those wages could potentially qualify you for benefits. I'd recommend gathering all your W-2s and wage statements from the past 18 months before you apply. The application process will walk you through what counts as qualifying wages, and they'll calculate your benefit amount based on your covered employment history. Don't let the complexity discourage you from applying - you've paid into the system through that garden center job, so you deserve to have your claim properly evaluated.
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Kiara Fisherman
•This is really helpful advice! I didn't realize they would look at all my earnings from the base period. I'm going to start gathering my W-2s from the garden center job right away. It's encouraging to hear from someone who went through a similar situation. Did you find the application process straightforward once you had all your documentation together?
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Lucas Bey
I'm in a really similar boat - had to close my small catering business due to a kitchen fire and won't be able to reopen for months. Like others mentioned, the key is whether you had any regular W-2 employment during your base period. That part-time garden center job you mentioned could definitely make you eligible! I'd suggest applying online first since it's faster than trying to call, but make sure you have all your wage documentation ready. The system will calculate if your garden center wages meet the minimum requirements. Even if the benefit amount ends up being small, something is better than nothing when you're dealing with an unexpected business closure. Don't get discouraged by the complexity - focus on that W-2 income you earned, that's what matters for eligibility.
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Diego Castillo
•Thanks for sharing your experience with the catering business situation! It's really reassuring to hear from others who've been through similar unexpected closures. I'm definitely feeling more confident about applying now that I understand the W-2 employment aspect better. Sorry to hear about your kitchen fire - that sounds devastating for a catering business. How long did it take for NYS Department of Labor to process your claim once you submitted everything?
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Omar Fawaz
I was in a very similar situation last year when I had to close my small construction business due to a back injury. The advice about applying even if you're unsure is spot on - NYS Department of Labor will evaluate your entire work history during the base period. That garden center job you mentioned sounds promising for eligibility! Just make sure you have all your documentation ready including pay stubs, W-2s, and any other wage records from that employment. The online application walks you through everything step by step, and they'll let you know if your covered wages meet the minimum requirements. Don't let the self-employment aspect discourage you - if you earned W-2 wages during your base period, you have every right to apply for benefits you've paid into through that employment.
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Emily Parker
•This is really encouraging to hear from someone who went through the same type of situation with a physical injury forcing business closure! I appreciate you mentioning the step-by-step online application process - that makes it feel less overwhelming. I've been putting off applying because I wasn't sure if it was worth the hassle, but hearing from you and others who had success with mixed employment histories gives me hope. I'm going to gather all my W-2s from the garden center and apply this week. Thanks for the reassurance about having the right to apply for benefits I paid into!
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Zara Ahmed
I went through this exact situation when I had to shut down my small plumbing business due to a shoulder injury. The garden center job you mentioned is definitely your key to eligibility! NYS Department of Labor will calculate your benefits based on those W-2 wages, not your self-employment income. I'd recommend applying online as soon as possible since there's usually a waiting period before benefits start. Make sure you have your Social Security number, all W-2s from the past 18 months, and the exact dates you worked at the garden center. The system is actually pretty good at walking you through the questions about mixed employment. Even if your weekly benefit amount ends up being modest based on part-time wages, it can still provide crucial support while you're recovering. I was surprised that my part-time retail job from over a year ago was enough to qualify me for benefits when my main business had to close.
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Mateo Rodriguez
•Thank you so much for sharing your experience with the plumbing business closure! It's really helpful to hear from someone who went through the same type of injury situation. I'm feeling much more confident about applying now. I have all my W-2s from the garden center saved, so I'll make sure to have those ready along with the exact employment dates. It's encouraging to know that even part-time wages from over a year ago were enough for you to qualify. I think I was overthinking this whole process, but hearing from everyone here makes it clear that I should just apply and let NYS Department of Labor evaluate my situation properly.
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Katherine Shultz
I just want to add my voice to everyone encouraging you to apply! I was self-employed as a freelance graphic designer and had to stop working due to severe migraines that made it impossible to look at screens for months. Like you, I had worked part-time at a local print shop while building my client base. That W-2 employment was exactly what made me eligible for unemployment benefits. The key thing I learned is that NYS Department of Labor doesn't care about your self-employment income at all - they only look at wages from employers who paid into the unemployment insurance system. So that garden center job is definitely worth pursuing! I'd suggest applying online during off-peak hours (early morning or late evening) when the system is less busy. The application will ask about all your employment in the past 18 months, so just be thorough and honest about both your self-employment and your W-2 work. Even if the weekly benefit isn't huge, it can be a real lifeline when you're unable to work due to injury.
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