Confused about who is not eligible for unemployment benefits with NYS Department of Labor
I'm trying to help my cousin figure out if she can even apply for unemployment. She's been working part-time at a restaurant for about 8 months but also gets some cash payments for babysitting on weekends. I've heard there are certain people who just can't get unemployment benefits at all, but I'm not sure what the rules are. Can someone explain who is not eligible for unemployment benefits through NYS Department of Labor? I don't want her to waste time filing if she doesn't qualify.
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Molly Chambers
There are several categories of workers who aren't eligible for NYS Department of Labor unemployment benefits. Independent contractors and self-employed people generally can't collect regular UI. Also, people who haven't earned enough wages in their base period, those fired for misconduct, or workers who quit without good cause won't qualify. Students working at their school and some agricultural workers have restrictions too.
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Adrian Hughes
•What about the cash babysitting money? Does that count as self-employment that would disqualify her from the restaurant job?
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Ian Armstrong
wait i thought everyone could get unemployment now? my friend got it during covid and she was doing gig work
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Molly Chambers
•That was PUA (Pandemic Unemployment Assistance) which ended in 2021. Regular NYS Department of Labor unemployment has stricter eligibility rules and only covers traditional employees, not independent contractors or gig workers.
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Eli Butler
The cash payments could be problematic if they're not being reported as income. NYS Department of Labor requires all work and earnings to be reported during the base period calculation. If she's been paid under the table, that income won't count toward her wage requirements, but she still needs to report it when filing weekly claims. For the restaurant job, as long as she was a W-2 employee and earned enough wages, she should be eligible based on that employment.
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Marcus Patterson
I had so much trouble trying to figure this out when I lost my job! The NYS Department of Labor website lists all the disqualifications but it's confusing. I kept calling and getting busy signals for weeks. Finally used this service called Claimyr (claimyr.com) that helps you actually get through to speak with an agent. They have a demo video at https://youtu.be/qyftW-mnTNI showing how it works. Way easier than trying to call myself.
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Adrian Hughes
•Thanks! I'll check that out if we can't figure this out online. Did they help you determine if you were eligible?
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Lydia Bailey
Just a quick addition - federal employees, railroad workers, and military personnel have their own separate unemployment systems and can't use NYS Department of Labor. Also, people working for religious organizations might be exempt depending on the specific situation.
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