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StarSailor

Can truck drivers get unemployment benefits through NYS Department of Labor?

I've been driving truck for 8 years and just got laid off from my company due to reduced freight volume. I'm not sure if truck drivers are eligible for unemployment in New York since we sometimes cross state lines and work irregular schedules. Has anyone here filed for unemployment as a commercial driver? I'm worried they might deny my claim because of the nature of trucking work.

Dmitry Ivanov

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Yes, truck drivers absolutely can get unemployment benefits in NY! The key is where your employer is based and where you file taxes. If your trucking company is NY-based or you're classified as a NY employee, you should be eligible. You'll need your separation notice and wage records from the last 18 months.

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StarSailor

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Thanks! My company is based in Buffalo so that should work. Do I need to prove I'm available for work even if most trucking jobs require travel?

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Ava Garcia

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I got unemployment as a driver last year. The NYS Department of Labor approved my claim without any issues. Just make sure you report your wages correctly - they count all earnings even if you worked in multiple states. The job search requirement is pretty standard, you just need to show you're looking for driving positions.

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Miguel Silva

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How did you handle the weekly claims? Did you have trouble reaching anyone at NYS Department of Labor when you had questions?

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Ava Garcia

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Actually yes, calling was a nightmare. I ended up using this service called Claimyr (claimyr.com) that gets you through to actual agents. They have a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of busy signals.

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Zainab Ismail

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wait what if you're an owner operator? I have my own truck but lease to a company, am I considered self employed or an employee for unemployment purposes??

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Dmitry Ivanov

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That's more complicated. If you're truly an independent contractor/owner-operator, you typically wouldn't be eligible for regular unemployment. But if the company treats you like an employee (sets your schedule, requires exclusive work, etc.) you might qualify. Check your 1099 vs W-2 status.

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Been there! Filed in 2023 when my trucking company went under. No problems at all with the claim. Just had to do the usual job search stuff and file weekly claims online.

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The unemployment system is so confusing for drivers though. I had to explain my work history going back like forever and they kept asking about why I had gaps between jobs. Like hello, sometimes there's downtime between companies!

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Dmitry Ivanov

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That's pretty normal during the application process. They're just verifying your work history. As long as you can document your employment and wages, gaps between jobs shouldn't disqualify you.

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I went through this exact situation last year after getting laid off from a regional carrier. As long as your employer paid into NY unemployment insurance and you meet the wage requirements, you should be fine. The fact that you drive across state lines doesn't matter - it's all about where your employer is registered and paying unemployment taxes. Make sure you have your pay stubs and separation notice ready when you apply. The online application is pretty straightforward, just be thorough with your work history details.

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Yuki Sato

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This is really helpful! I'm in a similar situation - just got let go from a long-haul company based in Rochester. Did you have any issues with the wage verification process? I'm worried because some of my recent pay stubs show different state deductions since we delivered all over the northeast. Also, how long did it take for your first payment to come through after approval?

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