< Back to New York Unemployment

Zoe Christodoulou

Can small business owners get unemployment benefits from NYS Department of Labor?

I had to close my small retail shop last month after 8 years because my landlord doubled the rent and I couldn't afford it anymore. I've been paying into unemployment insurance through my business payroll for years but now I'm not sure if I can actually claim benefits as the owner. Does anyone know if small business owners are eligible for NYS Department of Labor unemployment? I'm really stressed about this - I have bills to pay and need to know my options.

Business owners generally can't collect regular unemployment benefits in New York since you technically weren't an employee. However, if you paid yourself through payroll and had unemployment taxes withheld, there might be some exceptions. You'd need to check with NYS Department of Labor directly about your specific situation since it depends on how your business was structured.

0 coins

I did pay myself through payroll and had all the taxes taken out. So there might be a chance? This is so confusing.

0 coins

Mei Chen

•

my brother owned a small construction company and when it went under he couldn't get unemployment at all, they told him owners don't qualify even if you pay the taxes

0 coins

CosmicCadet

•

It really depends on your business structure. If you were set up as an LLC or corporation and paid yourself as a W-2 employee with unemployment taxes deducted, you might qualify. But if you were a sole proprietor or paid yourself as an independent contractor, probably not. The NYS Department of Labor looks at whether you had 'employer-employee' relationship with your own business.

0 coins

I was an LLC and did W-2 payroll for myself. Should I just apply and see what happens?

0 coins

CosmicCadet

•

Yes, definitely apply! The worst they can say is no, but you might have a valid claim. Make sure you have all your payroll records ready.

0 coins

Liam O'Connor

•

OMG this is exactly what I need to know too! I had to shut down my bakery in December and I'm freaking out about money. Did you ever figure out if you could apply??

0 coins

Amara Adeyemi

•

I actually went through this exact situation last year. I couldn't get through to NYS Department of Labor on the phone for weeks - the wait times were insane and I kept getting disconnected. Finally found this service called Claimyr that helps you get through to an actual agent. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that explains how it works. Saved me so much frustration trying to get answers about my eligibility.

0 coins

Thanks! I'll check that out. The phone system is impossible to navigate.

0 coins

Liam O'Connor

•

Wait is this legit? I'm desperate but don't want to get scammed

0 coins

Amara Adeyemi

•

It's legit - they just help you get through the phone queue faster. I was able to talk to a real NYS Department of Labor person who explained my options.

0 coins

The whole system is rigged against small business owners anyway. We pay all these taxes for years and then when we need help the most they make it impossible to get benefits. Typical government BS if you ask me.

0 coins

Edwards Hugo

•

I'm going through something similar right now - had to close my consulting business after losing my biggest client. From what I've researched, it really comes down to how you structured your business and paid yourself. If you were an LLC or corp and took W-2 wages with unemployment taxes withheld, you might qualify since you technically had an employer-employee relationship with your own business. The key is proving you were an "employee" of your business, not just the owner. I'd definitely apply - the application process will help clarify your eligibility and you'll get a definitive answer from NYS DOL.

0 coins

New York Unemployment AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today