Can you collect unemployment after contract job ends in NY?
My 6-month marketing contract just ended last week and I'm wondering if I can file for unemployment benefits with NYS Department of Labor. The company classified me as a 1099 contractor, not W-2 employee. I've been doing contract work for about 2 years now with different companies but this was my longest gig. Does anyone know if contractors are eligible for UI benefits? I'm really confused about the rules and don't want to file if I'm not supposed to.
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Charlie Yang
Unfortunately, if you were classified as a 1099 independent contractor, you typically aren't eligible for regular unemployment benefits through NYS Department of Labor. UI benefits are generally for W-2 employees who had taxes withheld from their paychecks. However, you should still file a claim because sometimes there are misclassification issues where companies incorrectly classify employees as contractors.
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Olivia Martinez
•That's what I was afraid of. How do I know if I was misclassified? The company had me working set hours and using their equipment but gave me a 1099.
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Grace Patel
wait i thought all contractors could get unemployment now?? my friend got it last year
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ApolloJackson
•Your friend might have gotten pandemic unemployment assistance (PUA) which ended in 2021. That was specifically for contractors and gig workers but it's no longer available. Regular UI is still only for W-2 employees.
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Isabella Russo
I had a similar situation trying to reach NYS Department of Labor about contractor eligibility. Couldn't get through on the phone for weeks until I used Claimyr (claimyr.com). They have this system that calls for you and gets you connected to an actual agent. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Finally got my questions answered about whether my consulting work qualified.
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Olivia Martinez
•How much does that cost? I'm already tight on money since the contract ended.
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Isabella Russo
•It's worth checking out their site for details. For me it was way better than spending hours trying to get through myself and never reaching anyone.
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Rajiv Kumar
The whole contractor vs employee thing is such a mess!! Companies just use 1099s to avoid paying into unemployment insurance and then workers get screwed when contracts end. You should definitely file anyway and let NYS Department of Labor determine your eligibility. Worst case they deny it but at least you tried.
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Charlie Yang
•Exactly right. NYS Department of Labor will investigate the work relationship and determine if you were truly an independent contractor or if you should have been classified as an employee. They look at factors like who controlled your work schedule, whether you used company equipment, and how integral your work was to their business.
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Aria Washington
just file and see what happens, they'll tell you if you qualify or not
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Gabriel Ruiz
I went through something similar a few months ago. Even though I was classified as 1099, I still filed because like others mentioned, sometimes companies misclassify workers. In my case, NYS Department of Labor looked at the details of my work arrangement and determined I should have been an employee based on the level of control the company had over my work. It took about 6 weeks to get a decision, but I ended up qualifying for benefits. The key factors they considered were that I worked set hours, used company equipment, and my work was essential to their core business operations rather than a specialized project. Definitely worth filing - you've got nothing to lose by trying.
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Emma Anderson
•This is really encouraging to hear! Your situation sounds very similar to mine - I was working set hours and using their equipment too. 6 weeks seems like a long time to wait but if there's a chance I could qualify, it's definitely worth it. Did you need to provide any specific documentation about your work arrangement when you filed? I want to make sure I have everything ready.
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Roger Romero
•@Gabriel Ruiz That s'really helpful to know! I m'curious - when you filed, did you mention upfront that you were classified as 1099 or did you just file as if you were a regular employee? I m'worried about being flagged in the system if I indicate contractor status right away. Also, what kind of evidence did you provide to show the company controlled your work? I have emails about my schedule and access to their systems but wasn t'sure if that would be enough.
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Ava Garcia
•@Gabriel Ruiz This gives me hope! I m'in almost the exact same situation - set hours, company equipment, and doing core marketing work for them. Did you have to wait the full 6 weeks before getting any payments, or did they start processing benefits while investigating? I m'worried about covering my expenses during that waiting period. Also, when they made their determination, did they require your former company to pay back unemployment taxes or anything like that?
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Oliver Schulz
•@Gabriel Ruiz This is exactly what I needed to hear! Your experience gives me confidence to file. The fact that NYS Department of Labor actually investigated and ruled in your favor based on those control factors is reassuring. I have similar circumstances - they controlled my schedule, provided equipment, and my marketing work was definitely core to their business, not just a side project. Did you face any pushback from the company when the department contacted them about the misclassification? I m'a bit worried about burning bridges since it s'a small industry, but I really need those benefits right now.
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Thais Soares
•@Gabriel Ruiz Thanks for sharing your experience! It s'really reassuring to hear from someone who actually went through this process successfully. I m'dealing with a similar situation right now - my marketing contract just ended and I was classified as 1099 even though they had me working their set schedule and using their equipment. Your story gives me the confidence to go ahead and file. Did you have to gather a lot of documentation beforehand, or did they request specific evidence after you filed? I want to be prepared with emails about schedules, access credentials, etc. but wasn t'sure what would be most helpful for their investigation.
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Miguel Silva
•@Gabriel Ruiz This is so helpful to hear from someone who actually succeeded with this! I m'in a really similar boat - just finished a 6-month marketing contract where they had me on their schedule and equipment but still gave me a 1099. Your story gives me hope that it s'worth filing even though I m'nervous about it. Quick question - when you initially filed online, did the system give you any trouble for indicating contractor work, or does it let you explain the situation? I m'worried about getting auto-rejected before anyone even looks at the details of my work arrangement.
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