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.
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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
AuthorI 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
AuthorThanks 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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