Can self employed people get unemployment benefits from NYS Department of Labor?
I've been running my own landscaping business for the past 3 years but things have been really slow this winter. A friend mentioned I might be able to get unemployment benefits even though I'm self-employed? I thought that was only for people who worked for companies. Has anyone who was self-employed ever gotten approved for UI benefits in New York? I'm not sure if I should even bother applying or if there are special requirements.
14 comments


Aiden Rodríguez
Generally, traditional unemployment insurance (UI) through NYS Department of Labor requires you to have been an employee who paid into the system through payroll taxes. Self-employed individuals typically don't qualify for regular UI benefits since they haven't been paying unemployment taxes. However, there are some exceptions - if you were also working as an employee for another company while running your business, those wages might make you eligible. You'd need to check your work history and wage records in the NYS Department of Labor system.
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Maya Patel
•That makes sense. I did do some part-time work for a construction company last summer while my business was slow. Would those wages count toward eligibility?
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Aiden Rodríguez
•Yes, those wages from your employee job would count! You need to have earned enough in covered employment during your base period. Log into your my.ny.gov account to check your wage history and see if you meet the monetary requirements.
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Emma Garcia
wait i thought they changed the rules during covid for self employed people?? my brother got unemployment and he was a freelance photographer
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Ava Kim
•You're thinking of the Pandemic Unemployment Assistance (PUA) program that ended in 2021. That was a special federal program for self-employed, gig workers, and independent contractors. Those benefits are no longer available - we're back to the regular state UI program which requires traditional employment.
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Ethan Anderson
I'm in a similar situation with my photography business. Been trying to figure this out for weeks! Did you ever find any information about whether having an LLC affects eligibility? I keep reading conflicting things online about business structure and unemployment benefits.
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Maya Patel
•I haven't looked into the LLC part yet - my business isn't incorporated. But the other commenter mentioned checking wage history which I'm going to do tonight.
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Dmitry Popov
•@Ethan Anderson From what I ve'researched, having an LLC shouldn t'automatically disqualify you from unemployment benefits - it s'more about whether you paid yourself wages as an employee of the LLC with (payroll taxes versus) just taking owner distributions. If you paid yourself a W-2 salary and unemployment taxes were withheld, those wages should count toward eligibility. But if you only took owner draws or 1099 income, that typically wouldn t'qualify. You might want to check with an accountant about how you structured your LLC payments.
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Layla Mendes
The NYS Department of Labor phone lines are impossible to get through to ask questions like this. I've been trying for days to speak with someone about my specific situation. Has anyone had luck actually reaching an agent recently?
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Lucas Notre-Dame
•I had the same problem until someone told me about Claimyr (claimyr.com). They have this service that helps you get through to NYS Department of Labor agents. I watched their demo video (https://youtu.be/qyftW-mnTNI) and decided to try it when I was stuck in adjudication. Got connected to an agent the same day and finally got my claim resolved. Might be worth checking out if you're having trouble getting through.
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Layla Mendes
•Thanks for the suggestion! I'll definitely look into that. At this point I'm willing to try anything to get some answers about my eligibility.
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Aria Park
just apply and see what happens. worst they can say is no right?
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Aiden Rodríguez
•While that's one approach, it's better to understand the requirements first. If you apply knowing you're not eligible, it could create complications later. Better to check your wage history and determine eligibility before filing.
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Yuki Sato
•@Aiden Rodríguez is absolutely right about checking eligibility first. Maya, before you apply, I d'recommend looking at your quarterly wage statements from that construction job last summer. You need to have earned at least $2,600 in covered employment during your base period to qualify. Also check if unemployment taxes were actually withheld from those paychecks - sometimes smaller construction companies don t'always handle this correctly. The my.ny.gov portal should show your complete wage history if everything was reported properly.
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