Back to New York Unemployment

Amaya Watson

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?

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.

0 coins

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?

0 coins

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.

0 coins

Good to know about the job search requirements. How many jobs do I need to apply for each week?

0 coins

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.

0 coins

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.

0 coins

What counts as 'suitable work'? The agency sometimes offers jobs that pay way less than what I was making.

0 coins

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??

0 coins

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.

0 coins

wow never heard of that before, definitely checking it out because this phone situation is ridiculous

0 coins

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.

0 coins

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!

0 coins

New York Unemployment AI

Expert Assistant
Secure