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Nia Thompson

Can you collect unemployment while starting a business in NYS?

I got laid off from my marketing job last month and have been thinking about finally starting the consulting business I've been planning for years. My unemployment claim was approved and I'm getting my weekly benefits, but I'm worried about what happens if I start working on my business while collecting. Can I legally start a business while on unemployment in New York? I don't want to mess up my benefits but this might be the perfect time to get things going. Has anyone done this before?

Yes, you can start a business while collecting unemployment in NY, but there are specific rules you need to follow. You must report ANY income you earn from the business on your weekly claims, even if it's just $1. The key is staying under the partial benefit threshold each week. You also need to remain available for full-time work and continue your job search activities. The NYS Department of Labor has a Self-Employment Assistance Program (SEAP) that might be worth looking into for your situation.

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Nia Thompson

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Thank you! I hadn't heard of SEAP before. Do you know if there's a waiting period or application process for that program?

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I tried this last year and it got complicated fast. You have to be really careful about how you report business income because they consider any work you do for your business as work hours, even if you don't make money yet. I ended up having issues because I was spending 30+ hours a week on my startup but only made like $200 the first month.

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This is exactly why the SEAP program exists - it allows you to work on your business full-time without the usual job search requirements. But you have to get approved for it first, and there are limited spots available each year.

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Ethan Wilson

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Whatever you do, DON'T try to hide any business activity from NYS Department of Labor. They WILL find out eventually and then you'll owe back everything plus penalties. Been there, done that, learned the hard way.

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Nia Thompson

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Yikes, that sounds terrible. How did they find out in your case? I definitely want to do everything above board.

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Yuki Tanaka

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I've been trying to get through to NYS Department of Labor for weeks to ask about this exact situation and can never get anyone on the phone. The hold times are insane and half the time I get disconnected. Has anyone found a better way to reach them? I'm in the same boat as OP and need to talk to someone who actually knows the rules.

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I had the same problem until I found Claimyr. It's a service that helps you get through to NYS Department of Labor agents by phone. They have this video demo at https://youtu.be/qyftW-mnTNI that shows exactly how it works. I was able to speak with someone within a day about my business questions. Check out claimyr.com - it was a lifesaver for me when I couldn't get through the regular way.

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Carmen Diaz

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wait so if i'm doing like freelance work while unemployed thats the same thing as starting a business?? i've been doing some graphic design gigs and reporting the income but nobody told me there were special rules about being available for work

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Freelance work and starting a business are treated similarly by NYS Department of Labor. The main thing is that you're reporting all income and remaining available for full-time employment. If your freelance work is taking up so much time that you can't accept a full-time job offer, that could be an issue.

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Andre Laurent

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The system is so confusing honestly. I've been collecting for 8 weeks and still don't understand half the rules. Good luck OP, hopefully someone here can give you better guidance than the NYS website does!

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I'm in a similar situation - got laid off from my tech job and considering freelance web development while on unemployment. From what I've researched, the key things to remember are: 1) Report ALL income from any business activity, even if it's just $50, 2) You still need to be actively job searching and available for full-time work, 3) Keep detailed records of your hours and earnings. I've been documenting everything in a spreadsheet just in case they audit later. The SEAP program mentioned above sounds promising - I'm going to look into that too. Thanks for asking this question, it's really helpful to see everyone's experiences!

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Grace Patel

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This is really solid advice! I love the spreadsheet idea for tracking everything - that's definitely something I should start doing from day one. It sounds like documentation is going to be key if there are ever any questions. Have you found any specific templates or formats that work well for tracking the business hours vs income? I'm thinking I should probably separate out time spent on actual client work vs time spent on business development/admin stuff, but not sure if NYS Department of Labor cares about that distinction.

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Yuki Ito

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I went through this exact situation about 6 months ago when I started my consulting business while on unemployment. Here's what I learned: The most important thing is to be completely transparent with NYS DOL from the start. I called them (eventually got through after many tries) and explained my situation before I even started taking clients. They told me as long as I report all income and stay under the earnings threshold each week, I'd be fine. I also had to confirm I was still actively job searching and available for full-time work if offered. The weekly certification asks specifically about any work performed and income earned, so don't try to get creative with the reporting. One tip - I found it helpful to schedule my business development work for evenings/weekends so it didn't interfere with my availability for potential interviews during business hours. Six months later, my business is doing well and I never had any issues with my benefits. Just be honest and follow the rules!

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Charity Cohan

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This is exactly the kind of real-world experience I needed to hear! Thank you for sharing your journey. The scheduling tip about doing business development work evenings/weekends is brilliant - I hadn't thought about how the timing might affect my "availability for work" status. It sounds like being proactive and calling them first was the right move, even with the phone difficulties. Did you end up needing to provide any documentation about your business activities beyond the weekly certifications, or was the standard reporting process sufficient for them?

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Sean Matthews

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I actually went through the SEAP application process last year and can share some details about it. There is an application process - you need to submit a business plan, financial projections, and demonstrate that your business idea is viable. The program only accepts a limited number of participants each year (I think it's around 1,000 statewide), so there can be competition to get in. The good news is that once you're accepted, you can work full-time on your business without the job search requirements, and you still receive your full unemployment benefits for up to 26 weeks while developing your business. The application typically opens in the spring, so timing might work well for you. I'd recommend calling the SEAP coordinator directly rather than the general unemployment line - they're much more knowledgeable about the program specifics. Even if you don't get into SEAP, you can still start your consulting business as others mentioned, just with more restrictions on reporting and availability requirements.

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Sean Kelly

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This is incredibly helpful information about SEAP! The 1,000 participant limit explains why I haven't heard much about this program - it sounds pretty competitive. Do you happen to know if there are any specific requirements for the business plan they want to see? I'm wondering if a consulting business would be considered "viable" enough since it doesn't require much upfront investment compared to other types of businesses. Also, when you mention the application opens in spring, do you know roughly what month? I want to make sure I don't miss the window if I decide to go that route. Thanks for sharing your experience with the program!

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