Can subcontractors get unemployment benefits from NYS Department of Labor?
I've been working as a subcontractor for a construction company for the past 8 months but they just told me there's no more work available. I was classified as an independent contractor on my 1099 forms but I'm wondering if I can still file for unemployment benefits through NYS Department of Labor? I wasn't paying into unemployment insurance but I'm not sure how this all works. Has anyone been in a similar situation with subcontractor work?
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Chloe Harris
Unfortunately, if you were truly classified as an independent contractor (1099), you typically wouldn't be eligible for regular unemployment benefits from NYS Department of Labor since no unemployment taxes were paid on your behalf. However, you might want to look into whether you were misclassified - if you worked set hours, used their equipment, and they controlled how you did the work, you might have been an employee in disguise.
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Omar Mahmoud
•They did set my hours and I had to use their tools and follow their specific procedures. How would I go about challenging the classification?
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Diego Vargas
same thing happened to my brother last year - he was doing electrical work as a 'contractor' but really he was just an employee without benefits. ended up filing a claim anyway and they investigated whether he was misclassified
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NeonNinja
•What was the outcome? Did he end up getting benefits approved?
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Anastasia Popov
You should file a claim regardless and let NYS Department of Labor make the determination. They'll look at factors like: did you have control over how the work was performed, did you have opportunity for profit/loss, did you provide your own tools, etc. The worst they can say is no, but if you were misclassified as a contractor when you should have been an employee, you could be eligible.
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Omar Mahmoud
•That makes sense. Should I gather any specific documentation before filing the claim?
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Anastasia Popov
•Yes - collect your 1099s, any contracts or agreements, records of work schedules they set for you, evidence of using their equipment, and any communication showing they controlled your work methods.
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Sean Murphy
I had issues reaching NYS Department of Labor to ask questions about my contractor situation last month. Kept getting disconnected after waiting on hold forever. Finally used this service called Claimyr (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. Was way easier than trying to call directly.
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Zara Khan
•interesting, never heard of that before. did they charge you anything for it?
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Sean Murphy
•They do charge but it was worth it to actually talk to someone instead of wasting hours on hold. Helped me understand my options.
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Luca Ferrari
THE WHOLE SYSTEM IS RIGGED AGAINST CONTRACTORS! Companies do this on purpose to avoid paying unemployment taxes and then workers get screwed when there's no work. File the claim and FIGHT the classification if you have to.
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NeonNinja
•I agree it's frustrating but getting angry won't help. Better to work within the system and document everything properly.
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Isabella Oliveira
You should definitely file a claim even as a 1099 contractor. New York has been cracking down on misclassification lately, especially in construction. The key test is whether you had control over your work or if they controlled when, where, and how you did it. If they set your schedule, provided tools, and dictated your methods, that sounds more like an employee relationship regardless of what the paperwork says. The Department of Labor will investigate and make a determination. Even if you don't qualify for regular UI, there might be other programs available. Don't let the 1099 classification discourage you from applying.
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