Can you get unemployment if your client dies - NYS Department of Labor eligibility question
I've been working as a freelance caregiver for the same elderly client for about 18 months. They passed away last week and now I'm out of work through no fault of my own. I'm wondering if I can file for unemployment benefits with NYS Department of Labor? I was paid as a 1099 contractor but this was my only source of income. Has anyone dealt with this situation before? I'm not sure if losing work due to a client's death qualifies me for UI benefits.
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Isabella Costa
Unfortunately, if you were classified as a 1099 contractor, you typically wouldn't be eligible for regular unemployment benefits through NYS Department of Labor. Independent contractors don't pay into the UI system the same way W-2 employees do. However, you might want to check if you qualify for any other assistance programs or if there were any misclassification issues with your employment status.
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Hiroshi Nakamura
•That's what I was afraid of. Is there any way to challenge the 1099 classification? I worked exclusively for this one client and followed their schedule and requirements.
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Malik Jenkins
Wait, I thought anyone could get unemployment now? My cousin got it when her gig work dried up during covid.
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Isabella Costa
•That was during the pandemic when there were special programs like PUA for gig workers. Those programs ended in 2021. Regular NYS Department of Labor unemployment is still only for employees, not independent contractors.
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Freya Andersen
You might have a case for employee misclassification if you worked exclusively for one client, followed their schedule, and they controlled how you did your work. The NYS Department of Labor looks at factors like behavioral control, financial control, and the relationship type. If you were really functioning as an employee but classified as a contractor, you could potentially challenge it. You'd need to file a claim and let them investigate your work arrangement.
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Hiroshi Nakamura
•How would I go about filing that kind of claim? Do I just apply for regular unemployment and explain the situation?
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Freya Andersen
•Yes, you can file a regular UI claim online through my.ny.gov and explain your situation. Include details about your work arrangement - how you were scheduled, whether you used their equipment, if you could work for other clients, etc. NYS Department of Labor will review and make a determination.
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Eduardo Silva
I've been trying to reach someone at NYS Department of Labor for weeks about my own claim issues and can't get through! The phone lines are always busy and the online messaging system is useless. How are you supposed to explain complex situations like this when you can't even talk to a real person?
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Leila Haddad
•I had the same problem until someone told me about Claimyr. It's a service that helps you get through to NYS Department of Labor agents. I watched their demo video at https://youtu.be/qyftW-mnTNI and decided to try it. They actually got me connected to someone who could review my case properly. Check out claimyr.com if you're tired of the runaround.
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Eduardo Silva
•Interesting, I might have to look into that. I'm at my wit's end with trying to reach them through normal channels.
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Emma Johnson
Sorry for your loss, that must be really difficult to deal with on top of losing your income.
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Hiroshi Nakamura
•Thank you, I appreciate that. It's been a tough week for sure.
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Malik Jenkins
even if you can't get unemployment you should definitely apply for other assistance programs like food stamps or medicaid while you look for new work
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Elijah O'Reilly
I went through something similar when my long-term home care client passed away. Even though I was paid as a 1099, I filed for unemployment anyway because my work situation really looked more like an employee relationship - I had set hours, used their supplies, couldn't work for others during my shifts, etc. The NYS Department of Labor initially denied my claim, but I appealed and provided documentation showing how controlled my work environment was. It took about 6 weeks, but they eventually approved it after reviewing the employment relationship more closely. Don't assume you're automatically disqualified - if your work arrangement had employee-like characteristics, it's worth filing and letting them make the determination.
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