NY unemployment claim pending for a month after 1099 contract ended - can't reach anyone by phone
My 1099 contract position ended unexpectedly in June 2025 when they decided not to renew me (I started back in October 2024). I filed for NY unemployment right away but my claim has been stuck as 'pending' for over a month now with zero movement or explanation. I've tried calling the unemployment office literally 20+ times but either get disconnected or sit on hold forever until the system kicks me out. Has anyone else dealt with this 1099 contractor situation? I know independent contractors have different rules but I've paid into the system for years before this job. My savings are almost gone and I'm starting to panic. Any advice on how to actually talk to a human being at NYSDOL??
18 comments
Join the conversation
Rajiv Kumar
1099 contractors often have issues with unemployment claims because technically you're considered self-employed. When I was in your situation last year, I couldn't get through on the phones either until I used Claimyr (claimyr.com). They connected me to an agent within 30 minutes when I'd been trying for weeks. They have a video showing how it works: https://youtu.be/Rdqa1gKtxuE. Once I actually spoke with someone, they explained I needed to submit additional documentation showing I was truly an employee and not an independent contractor. Sounds like you might be in a similar misclassification situation.
0 coins
Isabella Russo
•Thanks for the suggestion. I've never heard of Claimyr before. Did you have to explain your whole situation to them or do they just help with the connection part? My case feels so complicated I'm worried whoever I talk to won't understand.
0 coins
Aria Washington
i went thru this last yr. did u work any w2 jobs b4 ur 1099? that makes a huge diff on if u qualify
0 coins
Isabella Russo
•Yes! I worked W2 jobs for about 5 years before taking this 1099 position. That's why I thought I'd qualify without issues. Does that mean I should definitely be eligible?
0 coins
Liam O'Reilly
Your situation involves what's called the "base period" for unemployment eligibility. Since you worked W2 jobs before your 1099 position, you likely have qualifying wages in your base period (the first four of the last five completed calendar quarters before filing). However, your claim is likely pending because the system needs to determine: 1. If you were truly an independent contractor or misclassified (as suggested by another commenter) 2. If your W2 earnings fall within the proper base period quarters 3. If you earned enough during those quarters to qualify You need to speak with an agent to resolve this. Call exactly at 8:00 AM when they open, use the call back feature if available, and be prepared to provide documentation of your previous W2 employment and details of your 1099 work arrangement.
0 coins
Chloe Delgado
•This is mostly correct, but there's a slight inaccuracy. For NY unemployment in 2025, they're now using the Alternative Base Period by default for mixed income cases, which means they look at the last four completed quarters instead of the traditional base period. This actually benefits people who recently switched from W2 to 1099 work. Also, OP should check their NY.GOV account for any correspondence - sometimes they send requests for additional documentation through the portal without calling. They should look for a "Questionnaire" or "Request for Information" that might be sitting in their online inbox.
0 coins
Ava Harris
The phone lines are COMPLETELY USELESS!! I've been trying for MONTHS to get anyone on the phone about my claim. They cut off my benefits for no reason and nobody will tell me why!!! The whole system is designed to make you give up!!
0 coins
Jacob Lee
•While the phone system is definitely frustrating, I wouldn't say it's designed to make you give up. The NYSDOL is just perpetually understaffed and their technology is outdated. I recommend also reaching out to your state assembly member's office. They have dedicated staff who can often escalate unemployment issues. Just Google "[your county] NY state assembly member" and you'll find their contact info. My cousin got her issue resolved in 3 days after waiting 7 weeks trying on her own.
0 coins
Emily Thompson
im having the exact same problem! my claim been pending for 6 weeks now. my friend said that 1099 people have to fill out some extra form but i cant find it anywhere on the website. has anyone heard of this?
0 coins
Liam O'Reilly
•Your friend is referring to Form UC-189.3, the "Request for Reconsideration of Independent Contractor Status." It's not automatically provided on the website - you need to request it either through your online account (Message Center > Request Form) or by speaking with an agent. This form helps determine if you were actually misclassified as a 1099 worker when you should have been W2.
0 coins
Aria Washington
btw dont just call the main number call the 1099 special line at 888-555-xxxx they added it this yr
0 coins
Chloe Delgado
•I want to correct this information to prevent confusion. There is NO special 1099 line for NY unemployment in 2025. The number provided is not a real NYSDOL number. All claims, regardless of employment type, go through the main unemployment phone system. Please don't spread misinformation as it could lead people away from legitimate resources.
0 coins
Rajiv Kumar
Another thing to keep in mind is that Claimyr just helps you connect to an agent - you still explain your whole situation directly to the unemployment agent, not to Claimyr. They just help bypass the phone queue nightmare. After I got through, the agent told me I needed to fax(!) them my 1099 documents and contract details so they could determine if I was misclassified. Took about 2 weeks after that for them to approve my claim.
0 coins
Isabella Russo
•That's good to know, thank you. I have all my documentation ready, just need to actually reach someone who can help. I'll definitely check out that service if my morning call attempts don't work out.
0 coins
Sophie Hernandez
My sister had this exact problem last year! She worked as a independent contractor and her claim was pending forever. She had to fill out extra forms and send in her contract to prove she wasn't eligible to receive benefits as a business owner or something like that. I think they call it an audit? She eventually got approved but it took like 2 months. Wish I could remember the exact form name...
0 coins
Chloe Delgado
•You're thinking of the UC-189.3 form mentioned above plus the standard income verification process. The "audit" you're referring to is actually called an "Employment Status Determination" where they review whether the claimant was genuinely an independent contractor or should have been classified as an employee. If the latter, the employer can actually face penalties for misclassification.
0 coins
Isabella Russo
Update: I finally got through to someone! I followed the advice about calling right at 8:00 AM and only had to wait about 25 minutes. The rep confirmed that my claim is pending because of my 1099 status. They're investigating whether I was properly classified as an independent contractor or if I should have been treated as an employee. They're sending me the UC-189.3 form to fill out, plus I need to submit my contract and evidence of how my work was structured (like if I controlled my own hours, used my own equipment, etc.). Apparently, a lot of employers misclassify employees as 1099 to avoid paying certain taxes, and the DOL takes this pretty seriously. The agent said to expect another 2-3 weeks for review once I submit everything. Fingers crossed!
0 coins
Jacob Lee
•This is excellent news! Be sure to be thorough with that UC-189.3 form - it's the key document they use to determine your status. Include details about how much control the company had over your work schedule, whether they provided equipment, if you could work for other clients simultaneously, etc. The more your situation resembled traditional employment rather than true independent contracting, the better your chances. Also, if approved, you should receive back pay for all the weeks your claim was pending, so keep certifying weekly even while waiting!
0 coins