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Fatima Al-Hashemi

Can you work a 1099 job and still collect NYS Department of Labor unemployment benefits?

I've been collecting unemployment for about 6 weeks now and just got offered some freelance work that would pay me as a 1099 contractor. It's only part-time, maybe 15-20 hours a week, but I'm scared to take it because I don't want to mess up my unemployment claim. The job would probably pay around $600-800 per week. Can I work as a 1099 contractor and still keep getting my weekly unemployment benefits from NYS Department of Labor? Do I need to report this income differently than regular W2 work? I really need the extra money but can't afford to lose my UI benefits completely.

Yes, you can work as a 1099 contractor while collecting unemployment, but you MUST report all earnings on your weekly claim certification. NYS Department of Labor will reduce your benefits based on how much you earn. Generally, you can earn up to 25% of your weekly benefit rate without any reduction, but anything over that gets deducted dollar-for-dollar from your benefits. So if your weekly benefit is $400, you could earn up to $100 without reduction.

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Thank you! So if I'm getting $380 per week in benefits and the 1099 work pays $150 per week, I'd lose $55 from my unemployment check? That still leaves me ahead financially.

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be really careful with 1099 work though... i did some freelance graphic design last year while on unemployment and forgot to report it for like 3 weeks. NYS Department of Labor found out somehow and hit me with an overpayment notice for $1,200. they're pretty strict about tracking income now

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Oh no! How did they find out? I definitely don't want to get in trouble for not reporting properly.

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not sure exactly but i think it was through tax records or something. the client reported paying me so it showed up in their system eventually

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The key thing with 1099 work is that you report GROSS earnings for the week you perform the work, not when you get paid. So if you work Monday-Friday and earn $200 that week, you report $200 on that week's certification even if the client doesn't pay you until the following month. NYS Department of Labor is very clear about this in their guidelines. Also make sure you're still doing your required job search activities - contractor work doesn't count toward your job search requirement.

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Wait, the 1099 work doesn't count as job search? I thought any work-related activity counted toward the requirement.

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No, job search activities have to be for permanent employment opportunities. Freelance or contract work is considered temporary income, not a job search contact.

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I had trouble reaching NYS Department of Labor to clarify this exact situation last month. Kept getting busy signals and their online chat was always full. Finally used Claimyr (claimyr.com) to get through to an actual agent who explained everything clearly. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really saved me from making a mistake with my claim.

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I might need to try that if I can't get through to them. Did they charge you a lot to use their service?

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It was worth it for me since I couldn't get through any other way and needed answers fast. Much better than spending hours on hold or worrying about messing up my claim.

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just make sure u understand the difference between being an employee and contractor. if they're telling u when to work and how to do the job u might actually be misclassified as 1099 when u should be W2. that changes everything with unemployment

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It's definitely legitimate 1099 work - I set my own schedule and use my own equipment. Good point though about making sure it's properly classified.

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One more thing to keep in mind - if your 1099 work starts generating consistent income that approaches or exceeds your weekly benefit amount, NYS Department of Labor might consider you "returned to work" and could close your claim entirely. This typically happens when you're earning more than your weekly benefit rate for several consecutive weeks. So while the part-time freelance work you described should be fine, just be aware that if it grows into something bigger, you might need to make a decision between the contract work and continuing unemployment benefits. Also, keep detailed records of all your earnings and hours worked - if there's ever a question about your claim, having good documentation will help you avoid any overpayment issues.

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This is really helpful information! I hadn't thought about the possibility of them closing my claim if the 1099 work becomes too consistent. The freelance opportunity I'm considering is project-based and likely won't be every week, so hopefully that won't be an issue. But it's good to know the threshold to watch out for. Thanks for mentioning the documentation too - I'll make sure to keep track of everything from day one.

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I've been in a similar situation and wanted to share what worked for me. When I started doing 1099 work while on unemployment, I created a simple spreadsheet to track my weekly earnings and hours worked. This made it super easy to report accurately each week. Also, don't forget that as a 1099 contractor, you'll need to set aside money for taxes since nothing gets withheld - I learned this the hard way! The general rule I follow is to save about 25-30% of my 1099 earnings for taxes. The extra income really does help while you're job searching, just stay on top of the reporting requirements and you should be fine.

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That's excellent advice about the spreadsheet and setting aside money for taxes! I'm definitely going to create a tracking system like you suggested. The 25-30% tax rule is something I wouldn't have thought of - thanks for sharing that hard-learned lesson! It sounds like with proper planning and reporting, the 1099 work can actually be a good bridge while job searching. Did you find it difficult to balance the contractor work with your required job search activities, or was it manageable?

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@NebulaNova This is such practical advice! I'm definitely going to set up a spreadsheet like you mentioned. The tax saving tip is huge - I had no idea about the 25-30% rule. Quick question: when you were doing this, did you find it better to report your 1099 earnings conservatively or be really precise down to the dollar? I want to make sure I'm not accidentally under-reporting or over-reporting anything to NYS Department of Labor.

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@NebulaNova Your spreadsheet idea is brilliant! I'm going to set one up right away. The tax savings tip is especially valuable - I definitely didn't think about setting aside that much. One thing I'm wondering about: when you report the 1099 earnings to NYS Department of Labor, do you report the gross amount before setting aside the tax money, or the net amount after you've allocated funds for taxes? I want to make sure I'm reporting correctly from the start so I don't run into any issues later.

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@NebulaNova Thank you for sharing your experience! The spreadsheet idea is genius - I'm definitely going to set that up before I start the 1099 work. And wow, I had no clue about setting aside 25-30% for taxes. That's going to save me from a nasty surprise come tax season! Quick question: when you were tracking everything, did you also keep copies of your invoices and payment records? I'm wondering if NYS Department of Labor ever asked for additional documentation beyond just the weekly earnings reports. Better to be over-prepared than caught off guard!

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Great question! Yes, you can absolutely work a 1099 job while collecting unemployment, but the key is being completely transparent about your earnings. I did this for about 3 months last year while job hunting. Here's what I learned: Report your GROSS weekly earnings (before any deductions) for the week you actually performed the work, not when you got paid. NYS Department of Labor has a partial benefit calculator on their website that shows exactly how much your benefits will be reduced based on your earnings. Also, keep meticulous records - I used a simple Google Sheet with columns for date, hours worked, earnings, and invoice numbers. This saved me when they did a random audit of my claim 6 months later. One last tip: the 1099 work won't count toward your job search requirements, so make sure you're still applying to permanent positions and documenting those activities. The extra income really helped me stay afloat while finding my next full-time role!

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@Mateo Hernandez This is incredibly helpful! I m'really glad to hear from someone who actually went through this exact situation successfully. The tip about using their partial benefit calculator is great - I didn t'even know that existed on their website. I m'definitely going to set up a Google Sheet like you mentioned. Quick question about the random audit you mentioned - what kind of documentation did they ask for during that process? I want to make sure I m'keeping everything they might need. Also, did you find it challenging to balance the 1099 work schedule with actively job searching, or were you able to manage both effectively?

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@Mateo Hernandez Thank you so much for sharing your real experience with this! It s'really reassuring to hear from someone who successfully navigated this exact situation. I had no idea NYS Department of Labor had a partial benefit calculator on their website - I m'definitely going to check that out before I start the 1099 work. The Google Sheet tracking system sounds perfect for staying organized. I m'curious about the random audit you mentioned - that sounds a bit scary! What exactly did they want to see during that process? I want to make sure I m'keeping all the right documentation from day one. Also, how did you manage to balance doing the contractor work with the job search requirements? I m'worried about having enough time to do both effectively while still meeting all the unemployment requirements.

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I'm in almost the exact same situation right now! Just got offered some freelance writing work that would be 1099 and I've been so nervous about how it affects my unemployment. Reading through all these responses is super helpful. I'm definitely going to check out that partial benefit calculator on the NYS Department of Labor website that @Mateo Hernandez mentioned. The spreadsheet tracking idea seems like a must-do too. One thing I'm still unclear on - when you report the earnings on your weekly certification, is there a specific section for 1099 work or do you just put it in the general earnings section? I want to make sure I'm filling out the form correctly from the start. Also, has anyone had experience with seasonal 1099 work? The opportunity I'm looking at would be more project-based and might not be consistent week to week.

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@Mohammed Khan I m'glad this thread is helpful for you too! For the weekly certification, you just report your 1099 earnings in the regular earnings section - there isn t'a separate field specifically for contractor work. Just make sure you re'reporting the gross amount for the week you actually did the work. As for seasonal/project-based 1099 work, that s'actually ideal for maintaining unemployment benefits since you won t'have consistent weekly income that might trigger them to close your claim entirely. The irregular nature means some weeks you ll'have zero earnings to report and other weeks you might have more, but as long as you stay below the threshold most of the time, you should be fine. Just remember to keep detailed records of each project - dates worked, amount earned, and when you got paid. The key is always being accurate and timely with your reporting, regardless of whether the work is consistent or sporadic.

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I went through this exact situation about 8 months ago and wanted to share some additional insights that might help. Beyond just reporting your earnings correctly, there are a few other things to keep in mind: First, make sure you understand how NYS Department of Labor defines "available for work" - even with 1099 work, you still need to be genuinely available for full-time employment opportunities. Second, I found it helpful to set up a separate bank account just for my 1099 earnings to make tracking easier for both unemployment reporting and tax purposes. Third, don't forget that you'll likely need to file quarterly estimated tax payments if your 1099 income is substantial - the IRS usually expects this if you'll owe more than $1,000 in taxes. The partial work actually ended up being a great networking opportunity that led to my current full-time position, so don't just see it as temporary income - treat those contractor relationships professionally since they might turn into permanent opportunities. Good luck with the decision!

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@Nia Williams This is such comprehensive advice! I really appreciate you mentioning the available "for work requirement" - that s'something I hadn t'fully considered. The separate bank account idea is brilliant for keeping everything organized. I m'curious about the quarterly estimated tax payments you mentioned - is there a specific threshold where that becomes necessary, or is it based on total annual income? Also, it s'really encouraging to hear that your contractor work led to networking opportunities and eventually a full-time position. That gives me hope that this 1099 opportunity could be more than just temporary income. Did you find that doing quality work as a contractor actually helped demonstrate your skills to potential employers during your job search?

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I've been doing 1099 work while on unemployment for the past 4 months and it's definitely doable with proper planning! A few additional tips that haven't been mentioned yet: Always screenshot your weekly certification after submitting it - this creates a record of exactly what you reported each week. Also, if you're working with multiple 1099 clients, create a simple naming system for your invoices (like "Client-Date-Amount") to make tracking easier. One thing that caught me off guard was that some weeks I'd work but not get paid until the following week or month - remember you report earnings for when you WORKED, not when you got paid. I also recommend setting up email alerts from your bank account so you get notifications when 1099 payments come in - this helps with record keeping. The extra income really does make a difference while job hunting, and like others mentioned, it often leads to networking opportunities. Just stay organized, be honest with your reporting, and you'll be fine!

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@Carlos Mendoza These are fantastic practical tips! The screenshot idea is brilliant - I never would have thought of that but it makes perfect sense to have a record of exactly what you submitted each week. The invoice naming system is also really smart, especially if you end up working with multiple clients. I m'definitely going to implement both of these suggestions. One question about the timing of payments vs. work - if I do a project over multiple weeks but only invoice at the end, do I spread the earnings across the weeks I actually worked, or report it all in the week I completed the project? Also, thanks for mentioning the email alerts from the bank - that s'a great way to stay on top of incoming payments without having to constantly check. It s'really encouraging to hear from so many people who have successfully managed this balance!

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Lucy Lam

I've been working 1099 gigs while on unemployment for about 6 months now and want to emphasize something really important - always err on the side of over-reporting rather than under-reporting. I made the mistake early on of rounding down my earnings thinking it wouldn't matter much, but during a phone interview with NYS Department of Labor they asked very specific questions about my work hours and payments. Luckily I had good records and could explain the discrepancies, but it was stressful. Now I report every single dollar, even if it's $15 for a small task that took 30 minutes. Also, keep copies of all your 1099 forms when you receive them in January - NYS Department of Labor cross-references these with your reported earnings. The system is definitely set up to catch inconsistencies, so accuracy is everything. On the positive side, having that steady part-time income while job searching really reduced my financial stress and actually made me more confident in interviews because I wasn't desperate. Just be meticulous with your record-keeping and you'll be fine!

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@Lucy Lam This is such important advice about over-reporting rather than under-reporting! I m'really glad you shared that experience about the phone interview - it sounds like they really do dig into the details when they have questions. The fact that they cross-reference the 1099 forms you receive in January with what you reported throughout the year is something I definitely needed to know. I ll'make sure to keep copies of everything and be precise down to every dollar. It s'also really encouraging to hear that having that part-time income actually helped with your confidence in interviews - I hadn t'thought about that psychological benefit but it makes total sense that financial stress can affect how you present yourself to potential employers. Thanks for sharing both the practical warning and the positive outcome!

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Mus Am

I haven't seen anybody mention how to certify the amount since the website only ask questions to answer with either yes or no and there is no place to put any gross income how do you guy's do it

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