Can you get unemployment if you are a temporary employee in NY?
I've been working through a temp agency for the past 8 months at different assignments, mostly warehouse and data entry jobs. My current assignment just ended and the agency says they don't have anything else lined up for me right now. I'm wondering if I can file for unemployment benefits since I'm technically a temporary employee? I've never filed before and I'm not sure if temp workers qualify for NYS Department of Labor benefits. Has anyone been in this situation?
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Grant Vikers
Yes, temporary employees absolutely can qualify for unemployment benefits in New York! The key factor is whether you've earned enough wages during your base period and whether your separation from work qualifies. Since your assignment ended through no fault of your own, you should be eligible. You'll need to file your initial claim on the NYS Department of Labor website and report the temp agency as your most recent employer.
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Amaya Watson
•That's a relief! Do I need to list all the different companies I worked at through the temp agency, or just the temp agency itself?
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Giovanni Martello
Just went through this myself last year. You report the temp agency as your employer, not the individual client companies. Make sure you have your pay stubs from the agency showing all your earnings. The NYS Department of Labor will use those wages to calculate your benefit amount. Also, while you're collecting benefits, you'll need to do your weekly job search and you CAN register with other temp agencies as part of that search.
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Amaya Watson
•Good to know about the job search requirements. How many jobs do I need to apply for each week?
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Giovanni Martello
•You need to make 3 work search contacts per week in NY. Registering with temp agencies counts as one contact per agency, so that helps a lot for temp workers.
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Savannah Weiner
Been doing temp work for years and collected UI between assignments multiple times. One thing to watch out for - if the temp agency offers you a new assignment and you turn it down, that could affect your benefits. The assignment has to be suitable work though, so if it's way less pay or totally different from what you normally do, you might be able to refuse it.
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Amaya Watson
•What counts as 'suitable work'? The agency sometimes offers jobs that pay way less than what I was making.
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Levi Parker
ugh the whole system is so confusing! i tried calling the NYS Department of Labor to ask about this same thing and could never get through to anyone. spent hours on hold just to get disconnected. anyone know a better way to reach them??
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Libby Hassan
•I had the same problem trying to reach someone at NYS Department of Labor about my temp work situation. Then someone told me about this service called Claimyr (claimyr.com) that actually gets you through to unemployment agents. I was skeptical but tried it and got connected to someone within 20 minutes. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Ended up being really helpful for getting my questions answered about temp employment and UI eligibility.
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Levi Parker
•wow never heard of that before, definitely checking it out because this phone situation is ridiculous
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Hunter Hampton
File the claim for sure. Temp workers pay into the system just like everyone else so you're entitled to benefits when you're unemployed. Just make sure you keep good records of all your assignments and pay periods in case there are any questions during the application process.
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Hiroshi Nakamura
I'm in a similar situation right now - been temping for about 6 months and just had my assignment end. From what I've researched, temp workers definitely qualify for unemployment in NY as long as you meet the wage requirements. The tricky part is making sure you have all your documentation ready. I'd recommend gathering all your pay stubs from the temp agency and any paperwork showing your work history before you file. Also, keep in touch with your temp agency during the process - they might have something new come up while you're waiting for benefits to kick in. Good luck with your claim!
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CosmicVoyager
•Thanks for the advice about keeping documentation ready! I've been pretty good about saving my pay stubs, but I'm wondering - should I also keep records of the specific companies I worked at through the temp agency, or is that not necessary since I'm just reporting the agency as my employer? Also, how long did it take for your benefits to get approved once you filed?
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NightOwl42
•@Hiroshi Nakamura Great point about keeping documentation! I d'definitely keep records of the specific companies too, just in case. Even though you report the temp agency as your employer, having that detailed work history can be helpful if there are any questions about your employment pattern or if you need to verify specific assignments. Better to have too much documentation than not enough when dealing with unemployment claims!
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Luca Marino
I was in almost the exact same situation about 6 months ago! Worked temp assignments for about a year before my last placement ended. The good news is temp workers absolutely qualify for unemployment in NY - you just need to make sure you've earned enough during your base period (usually the first 4 of the last 5 completed quarters). When I filed, I reported my temp agency as the employer and included all the wages they paid me regardless of which client site I actually worked at. The process was pretty straightforward once I got started. Just make sure to file as soon as possible since there's usually a waiting week, and keep doing your weekly certifications. Also, stay in touch with your temp agency while collecting - if they offer you suitable work and you refuse without good cause, it could affect your benefits. Feel free to ask if you have any other questions about the process!
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Grace Durand
•This is super helpful! I'm actually in the middle of filing my claim now and was wondering about the base period calculation. When you say "first 4 of the last 5 completed quarters" - does that mean if I'm filing in May 2025, they'd look at my earnings from January 2024 through December 2024? And did you have any issues with the temp agency providing wage verification when the unemployment office needed it? I'm a bit worried they might be slow to respond to requests.
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Nina Fitzgerald
Yes, as a temp worker you definitely qualify for unemployment benefits in NY! I was in a very similar situation - worked temp assignments for about 10 months before my last placement ended with no fault of my own. The key things to remember: report your temp agency as your employer (not the individual client companies), gather all your pay stubs showing wages earned through the agency, and file your claim as soon as possible since there's typically a one-week waiting period. Make sure you've earned enough wages during your base period to qualify - they look at the first 4 of the last 5 completed calendar quarters before you file. While collecting benefits, you'll need to do 3 job search activities per week, and registering with additional temp agencies counts toward this requirement. Just be aware that if your original temp agency offers you a new assignment that's considered "suitable work," you may need to accept it or risk affecting your benefits. The whole process was much smoother than I expected once I got started. Good luck with your claim!
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CosmicCrusader
•Thanks Nina! This is exactly what I needed to hear. I've been so worried about whether temp work would qualify, but it sounds like as long as I have my documentation in order I should be good to go. Quick question - when you mention the one-week waiting period, does that mean I won't get paid for the first week, or just that it takes a week to process? I'm trying to figure out my budget while I wait for things to get sorted out.
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