Can you get unemployment if your self employed - NYS Department of Labor eligibility?
Hey everyone, I've been running my own small catering business for the past 2 years but things have been really slow lately and I'm barely making enough to cover expenses. My friend told me that self-employed people might be able to get unemployment now but I thought that was only during COVID? Does anyone know if NYS Department of Labor covers self-employed workers for regular UI benefits? I've never filed for unemployment before and I'm not sure if I even qualify since I don't have an employer paying into the system. Any advice would be really helpful!
13 comments


Malik Thomas
Unfortunately, self-employed individuals are not eligible for regular unemployment insurance (UI) benefits in New York. The regular UI program only covers employees who have wages reported by employers. However, you might want to look into other options like applying for jobs and then becoming eligible if you get hired and later lose that job. The NYS Department of Labor requires that you have wages from covered employment to establish a claim.
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Emma Wilson
•That's what I was afraid of. So basically I need to find a regular job first before I could ever qualify for unemployment benefits?
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NeonNebula
wait i thought self employed ppl could get unemployment too? my cousin said she got it when her cleaning business failed
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Isabella Costa
Your cousin might be thinking of the Pandemic Unemployment Assistance (PUA) program that ended in 2021. That was a temporary federal program specifically for self-employed, gig workers, and independent contractors. Regular NYS Department of Labor unemployment insurance has always required traditional employer-employee relationships with payroll taxes being paid. If you're struggling financially, you might want to look into other assistance programs or consider taking on some W-2 employment alongside your business.
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Emma Wilson
•Ok that makes sense about PUA being temporary. I guess I need to either find a part-time job or see if there are other business assistance programs available.
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Ravi Malhotra
•This is so frustrating! Small business owners pay taxes too but we get nothing when times are tough. The system is totally unfair to entrepreneurs.
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Freya Christensen
I had a similar situation last year when my freelance work dried up. The NYS Department of Labor website is pretty clear that you need to have worked for an employer who paid unemployment insurance taxes on your wages. Have you considered registering with some temp agencies? That could give you W-2 income that would make you eligible for UI benefits if those assignments end.
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Emma Wilson
•That's actually a good idea about temp agencies. I could probably do some event catering through agencies while trying to build my own client base back up.
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Omar Farouk
If you're having trouble reaching the NYS Department of Labor to confirm your eligibility or ask about other programs, I recently discovered this service called Claimyr (claimyr.com) that helps people get through to unemployment agents by phone. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Might be worth checking out if you want to speak directly with someone about your options rather than just reading the website.
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Emma Wilson
•Thanks for the suggestion! I'll take a look at that video. Getting through to an actual person at NYS Department of Labor seems nearly impossible these days.
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Chloe Davis
Just wanted to add that even if you can't get regular unemployment, there might be small business assistance programs through the state or SBA that could help with your catering business. Don't give up on entrepreneurship just because of a slow period!
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Amina Toure
I'm in a similar boat with my photography business - revenue has been really inconsistent this year. From what I've researched, New York State does have some programs for struggling small businesses even if we can't get regular unemployment. You might want to check out the Empire State Development Corporation's website for business grants and low-interest loans. Also, some local workforce development boards offer training programs that come with stipends while you learn new skills that could complement your catering business. It's worth exploring all options before having to take a traditional W-2 job if you want to keep your business going.
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Keisha Williams
•That's really helpful information about the Empire State Development Corporation! I hadn't thought about looking into business grants or training programs with stipends. My catering business is my passion and I'd really prefer to keep it going rather than giving up and taking a regular job. Do you know if there are any specific programs that work well for food service businesses? I'm wondering if there might be ServSafe certification programs or commercial kitchen training that could help me expand my services while I wait for business to pick back up.
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