Can you collect unemployment if you have a contract job - NYS Department of Labor rules?

That's helpful! Do I need to report the income even if I haven't been paid yet for work I completed?

It depends on how you were classified. If you were paid as a 1099 contractor, you typically can't collect UI benefits for that work. But if you had W-2 employment before the contract work, you might still be eligible based on those wages. The NYS Department of Labor looks at your base period wages to determine eligibility.

Thanks for the suggestion! I've been trying to call for days with no luck. Did they help you figure out the income reporting requirements?

Yes exactly! The agent explained that I needed to report gross earnings for each week, not just when I got paid. Made a huge difference in understanding how to file my weekly claims correctly.

yeah the adjudication process is brutal, especially when you have mixed employment types

This is super helpful, thanks! The timing of when to report earnings vs when you get paid is exactly what I was confused about. Do you happen to remember what the deduction formula is? Like if I earn $200 in a week, how much would that reduce my weekly benefit amount?

@Val Rossi That s'really good advice about calling early Monday morning! I ve'been trying to get through for over a week with no luck. Quick question - when you say gross "earnings for the week you performed the work, does" that include estimated earnings if you re'still waiting on the client to approve/pay for completed work? I finished a project last Friday but the client hasn t'officially accepted it yet, so I m'not sure if I should report that income this week or wait until it s'actually approved.

@Val Rossi Great advice about the Monday morning calls! I m'dealing with a similar situation where I have ongoing contract work but lost my main client. When you mention keeping detailed records, did you track your hours worked or just the payment amounts? I m'wondering if NYS Department of Labor cares more about the actual earnings or the time spent working when calculating partial benefits. Also, did you find they were pretty strict about the reporting requirements or do they give you some flexibility if you make an honest mistake on your weekly claims?

@Val Rossi This is exactly the kind of detailed info I needed! I ve'been stressed about the timing issue - I completed work last week but won t'get paid until my client processes the invoice next month. Sounds like I should report it for the week I actually did the work. The 8 AM Monday call tip is gold, I ll'definitely try that. Have you had any issues with NYS Department of Labor questioning your contract work documentation, or do they pretty much take your word for it as long as you re'consistent with your reporting?

@Val Rossi This is really helpful! I m'in a similar boat with mixed contract work. Quick question - when you kept those detailed records, did you also track any business expenses related to the contract work? I m'wondering if NYS Department of Labor allows you to deduct things like software subscriptions or equipment costs from your reported gross earnings, or if you have to report the full amount regardless of expenses. Also, did you find they asked for documentation like invoices or contracts during the claims process, or was self-reporting sufficient?

This is really reassuring to hear from someone in the exact same situation! The 25% rule is news to me - that could make a huge difference since my small contract is only bringing in about $200/week. Do you happen to know what the sliding scale looks like after that 25% threshold? I'm trying to figure out if it's worth applying or if the partial benefits would be so reduced that it's not worth the hassle. Also, have you had any luck getting through to NYS Department of Labor to confirm these details, or are you still working off research like the rest of us?

@Zainab Ahmed That 25% rule is super helpful to know! I m'actually in a really similar spot - just lost my biggest client and scrambling to figure out if I can get some unemployment support while I rebuild. Quick question about the sliding scale - do you know if they calculate it based on your potential weekly benefit amount or some other baseline? I m'trying to do the math on whether it makes sense to apply. Also wondering if anyone knows how long the whole process typically takes once you submit? I m'basically living invoice to invoice right now so timing is pretty crucial. Thanks for sharing your research!

@Zainab Ahmed This is so helpful! I m'dealing with the exact same thing - main client dropped me but I still have a few small gigs trickling in. The 25% rule you mentioned sounds like it could really help my situation. I ve'been hesitant to apply because I wasn t'sure if having ANY contract work would automatically disqualify me. Did you find any official NYS Department of Labor documentation about this 25% threshold, or is this something you learned through the application process? I m'trying to gather as much concrete info as possible before I file since I know how backed up their system is right now. Really appreciate you sharing what you ve'learned!

@Mikayla Brown This is exactly what I needed to hear! Your situation sounds identical to mine - I also had W-2 employment before going freelance, so hopefully that will work in my favor. The part about reporting when you performed work vs when you got paid is really important - I ve'been confused about that timing issue. Did NYS Department of Labor ever audit or question your contract income reporting, or did they pretty much accept what you submitted on your weekly certifications? I m'planning to apply this week but want to make sure I understand all the reporting requirements upfront. Thanks for the encouragement about applying ASAP - I ve'been putting it off thinking the small contract might disqualify me completely!

@Laila Fury This breakdown of the formula is incredibly helpful! I ve'been trying to understand the math behind partial benefits for weeks. The $50 threshold before any deduction plus the 25% calculation above that makes so much more sense than what I was imagining. Your example with $400 weekly benefit and $200 contract earnings really helps me visualize how this would work in my situation. I m'definitely going to apply online this week - you re'right that even partial benefits would be a huge help while I m'rebuilding my client base. Thanks for mentioning labor.ny.gov too, I wasn t'sure if that was the official site or if there were other portals. Really appreciate everyone in this thread sharing their experiences - it s'making this whole process feel way less intimidating!

@Ethan Clark Thanks for sharing your recent experience with actually getting through to NYS Department of Labor! It s'really encouraging to hear from someone who spoke directly with a rep about this exact situation. The confirmation about partial benefits with ongoing contract work is exactly what I needed to hear. I ve'been hesitating to apply because I wasn t'sure if my small ongoing contract would complicate things, but it sounds like they re'used to handling these mixed employment cases. The point about reporting work for the specific weeks when performed not (when paid keeps) coming up in this thread - I m'glad the agent confirmed that timing rule. I m'definitely going to apply this week. Do you remember if they mentioned anything about how long the approval process typically takes for cases like ours with contract work involved?

@Ethan Clark This is super reassuring! I ve'been trying to get through to someone for over two weeks with no luck, so hearing about your recent conversation gives me hope that the reps actually understand these mixed employment situations. The fact that they re'seeing more cases like this lately makes sense - I feel like so many people are in similar boats with the gig economy and contract work becoming more common. I m'curious, did the agent mention anything about what documentation you should keep on hand for the contract work? I ve'been saving all my invoices and project agreements, but wondering if there s'anything else they typically ask for when reviewing these types of claims. Thanks for sharing this info - definitely gives me the confidence to move forward with applying!