Can self employed get unemployment benefits through NYS Department of Labor?

Unfortunately, self-employed individuals cannot qualify for regular unemployment insurance (UI) benefits in New York. The regular UI program is only for people who worked as employees and had unemployment taxes withheld from their paychecks. Since you were self-employed, you didn't pay into the unemployment insurance system, so you're not eligible for those benefits. The Pandemic Unemployment Assistance (PUA) program that helped self-employed people ended in September 2021.

wait I thought they changed the rules??? my cousin got unemployment last year and she was doing uber driving

The system is so messed up. I was in the same boat when my consulting business failed in 2023. Couldn't get unemployment, couldn't get any help. Had to take a part-time retail job just to survive. It's like they want small business owners to fail. You might want to look into other assistance programs though - maybe SNAP benefits or emergency rental assistance if you qualify.

Have you considered applying for jobs as an employee? If you get hired somewhere and then get laid off, you'd be eligible for unemployment benefits at that point. I know it's not ideal but it might be worth exploring if your business isn't picking up. At least then you'd have some income coming in and potential unemployment coverage if things don't work out.

Unfortunately, traditional unemployment insurance through NYS Department of Labor is only available if you were an employee who had taxes withheld from your paychecks. Self-employed individuals generally don't qualify for regular UI benefits because you haven't been paying into the system. However, you might want to check if there are any other state assistance programs available.

Unfortunately, self-employed individuals and independent contractors are not eligible for regular unemployment insurance benefits through NYS Department of Labor. The regular UI program only covers employees who have had unemployment taxes paid on their behalf by employers. Since you were 1099, no unemployment taxes were paid into the system for you. The pandemic programs that covered self-employed (PUA) ended in 2021 and haven't been renewed.

Just want to add that if you do decide to look for employee work, make sure you understand how NYS Department of Labor calculates your benefit amount. Since you wouldn't have much recent W-2 income, your weekly benefit might be pretty low initially. But it's still better than nothing when you're struggling to make ends meet.

wait i thought they changed this during covid?? i know some freelancers who got benefits

You might want to look into other state assistance programs even though regular unemployment won't work. SNAP benefits don't require you to have been an employee, and there might be emergency assistance programs in your county. Also, if you're looking to transition back to regular employment, you could potentially qualify for UI benefits once you start working for an employer again.

The pandemic-era programs like PUA (Pandemic Unemployment Assistance) that covered self-employed workers ended in September 2021. Regular NYS Department of Labor unemployment insurance still requires you to have been an employee with wages reported by an employer. If you were misclassified as an independent contractor when you should have been an employee, that's a different situation that might qualify you.

this system is so unfair... self employed people pay taxes too but get nothing when things go bad. meanwhile people who get laid off get benefits for months

wait i thought self employed could get unemployment? my cousin got it in 2020 when her business closed

If you do decide to apply anyway, you'll need to contact NYS Department of Labor directly to discuss your specific situation. The online application might not be set up for your circumstances. I've heard people have trouble getting through on the phone though - there's actually a service called Claimyr (claimyr.com) that helps people reach NYS Department of Labor agents. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works.

I'm in a similar boat - freelance graphic designer and work has been terrible since December. The thing that's really frustrating is that I've been paying into the system through my part-time W2 job but because most of my income was 1099, I probably wouldn't qualify for much even if I lost the W2 job. The unemployment system really wasn't designed for people like us who have mixed income sources.

You might also want to look into other assistance programs like SNAP or emergency rental assistance while you're figuring out your next steps. Being self-employed definitely makes things more complicated but there might be other safety nets available.

Have you considered reaching out to NYS Department of Labor directly to discuss your situation? Sometimes there are programs or resources they can point you toward that aren't widely advertised. I know calling them can be a nightmare - I spent hours trying to get through last month about my own claim. Someone mentioned a service called Claimyr (claimyr.com) that helps you actually reach a live agent at NYS Department of Labor without waiting on hold forever. They have a demo video at https://youtu.be/qyftW-mnTNI showing how it works. Might be worth checking out if you want to speak with someone about your options.

The whole system is messed up honestly. Self-employed people pay tons of taxes but when we need help there's nothing available. Meanwhile people who work for companies get unemployment benefits. It's not fair at all.

I'm really sorry to hear about your situation. Unfortunately, as others have mentioned, regular unemployment insurance through NYS Department of Labor is only available to employees who had unemployment taxes paid on their behalf by employers. Since you were self-employed, you wouldn't qualify for traditional UI benefits. The PUA program that helped self-employed people during COVID ended in September 2021. However, don't give up entirely - you might want to look into other assistance programs like SNAP, emergency rental assistance, or local food banks to help bridge the gap while you figure out your next steps. Also, if you do any contract work where you're misclassified as 1099 when you should be W2, that could potentially change things. It's a tough situation but there might be other resources available to help you through this difficult time.

I feel for you - I went through something similar when my freelance writing business crashed in 2022. Unfortunately, the harsh reality is that self-employed people like us don't qualify for regular unemployment benefits because we never paid into the system. The PUA program that helped during COVID was our one shot at unemployment assistance and it's long gone. What really helped me was getting on SNAP benefits quickly (the application process was easier than I expected) and connecting with local assistance programs through 211 (dial 2-1-1 for info). I also had to swallow my pride and take a part-time retail job while slowly rebuilding my client base on the side. It's not ideal but sometimes we have to pivot to survive. Don't view taking employee work as giving up on your business - think of it as creating stability while you rebuild. You can always scale back the employee work once your design business picks up again.