Can you get unemployment after a contract job ends - NYS Department of Labor eligibility?
My 6-month contract position with a marketing firm just ended last week and I'm wondering if I can file for unemployment benefits through NYS Department of Labor. The contract was through a staffing agency but I worked full-time hours and had taxes taken out. I've heard mixed things about whether contract workers qualify for UI benefits. Has anyone successfully gotten unemployment after their contract ended? What documentation did you need to provide to NYS Department of Labor?
15 comments


Ev Luca
Yes, you can definitely get unemployment after a contract job ends! The key factor is whether you were classified as a W-2 employee or a 1099 contractor. If you had taxes withheld and received a W-2, you should qualify for UI benefits. When you file your claim with NYS Department of Labor, you'll need your contract end date and the reason for separation. Make sure to list the staffing agency as your employer since they were paying you.
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Lukas Fitzgerald
•Thanks! I did get a W-2 so that sounds promising. Do I need any special paperwork from the staffing agency or just the usual stuff?
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Avery Davis
I went through this exact situation 3 months ago. Contract ended, filed for unemployment, and got approved within 2 weeks. The main thing NYS Department of Labor will ask is why the contract ended - in my case it was completion of the project which they considered a lack of work. Just be honest about the end date and circumstances on your weekly claims.
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Collins Angel
Wait I thought contractors couldn't get unemployment?? This is confusing because my friend who does freelance work said she couldn't apply for benefits when her gigs dried up.
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Ev Luca
•Your friend was probably a 1099 independent contractor, which is different. If you're a W-2 employee working through a staffing agency on a contract basis, you're still considered an employee for unemployment purposes.
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Marcelle Drum
Been doing contract work for years and yeah you can get UI between contracts as long as you were a W-2 employee. The tricky part is sometimes NYS Department of Labor takes forever to process these claims because they have to verify the employment relationship with the staffing agency. Last time it took me almost a month to get my first payment because of back and forth paperwork.
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Tate Jensen
If you're having trouble getting through to NYS Department of Labor to check on your claim status or get answers about contract work eligibility, I recently used this service called Claimyr (claimyr.com) that helped me reach an actual agent. They have a video demo showing how it works: https://youtu.be/qyftW-mnTNI. Was super helpful when I needed to verify some employment dates for my claim.
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Lukas Fitzgerald
•Interesting, I might need that if I run into issues. The NYS Department of Labor phone lines are always busy when I try to call.
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Adaline Wong
Just file the claim! Worst case they deny it and you can appeal. But if you were paying into the unemployment system through payroll deductions, you should be eligible. I've done tons of contract work and never had an issue getting benefits between contracts.
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Connor Murphy
I'm in a similar situation - my 4-month contract with a tech company just ended and I'm nervous about filing for unemployment. Reading through these responses is really helpful! One question - when you file the initial claim, do you put the staffing agency's information or the client company where you actually worked? I'm worried about getting this wrong and causing delays in my claim processing.
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Tony Brooks
•You should use the staffing agency's information since they were your actual employer who paid you and withheld taxes. Even though you worked at the client company's location, the staffing agency is who you have the employment relationship with for unemployment purposes. I made this mistake initially and it did cause a delay, so definitely go with the staffing agency info from the start!
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PixelPioneer
I was in a very similar situation last year - 8-month contract through a staffing agency that ended when the project wrapped up. Filed for unemployment the day after my contract ended and got approved without any issues. The key things I remember from my experience: 1) Make sure you have your final pay stub from the staffing agency showing taxes were withheld, 2) When filing, be clear that it was "lack of work" not that you quit or were fired, and 3) Keep all your contract documentation just in case they ask for it later. The whole process was pretty straightforward once I got through to file the initial claim. Good luck!
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Heather Tyson
•This is super helpful advice! I'm especially glad you mentioned keeping the contract documentation - I wasn't sure if I'd need that but I'll make sure to have it ready. Did you have to provide any specific paperwork from the client company where you worked, or was everything handled through the staffing agency? I want to make sure I have all my ducks in a row before I file.
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Darren Brooks
I just went through this process 2 months ago after my contract with a financial services company ended. Since you mentioned you had taxes withheld and worked through a staffing agency, you should definitely be eligible. When I filed my claim, NYS Department of Labor asked for the exact end date of my contract and reason for separation - I put "completion of contract/lack of work" and it was approved without any issues. Pro tip: file your claim as soon as possible after your contract ends since there's usually a one-week waiting period before benefits start. The online application is pretty straightforward and you'll need your Social Security number, driver's license, and the staffing agency's contact information. Don't stress too much about it - contract workers who are W-2 employees are definitely covered under unemployment insurance!
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Luca Esposito
•This is exactly the reassurance I needed to hear! I was overthinking the whole process but it sounds like it's pretty straightforward for contract workers who were W-2 employees. I'll definitely file my claim this week since you mentioned the one-week waiting period - I don't want to delay getting benefits started. Quick question - when you put "completion of contract/lack of work" as the reason, did you have to provide any additional documentation to prove the contract actually ended, or did they just take your word for it initially?
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