NYS Department of Labor - what counts as unemployment for benefits eligibility?
I'm trying to figure out if I qualify for unemployment benefits through NYS Department of Labor but I'm confused about what actually counts as being unemployed. I got laid off from my part-time retail job last month but I also do some freelance graphic design work occasionally. Does having occasional freelance income disqualify me? And what about if I'm looking for full-time work but only finding part-time opportunities - does that count? I've never filed for UI before and the my.ny.gov website has so much information I'm getting overwhelmed trying to understand the basic requirements.
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Kennedy Morrison
You can still qualify for unemployment benefits even with part-time or freelance work, but you need to report ALL income when you file your weekly claims. NYS Department of Labor uses a formula to reduce your benefits based on how much you earn each week. Generally, if you earn less than your weekly benefit amount, you'll still receive partial benefits. The key is that you must be available for full-time work and actively searching for employment.
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Lily Young
•Thanks! So I should definitely apply even though I have some freelance income? I was worried they'd automatically reject me.
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Wesley Hallow
For NYS Department of Labor purposes, you're considered unemployed if you're working less than 4 days per week OR earning less than your weekly benefit amount. You need to have lost work through no fault of your own (like a layoff), be physically able to work, available for work, and actively seeking employment. The freelance work won't disqualify you as long as you report it honestly on your weekly claims.
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Justin Chang
•This is exactly right. I had a similar situation with occasional consulting work and still received benefits for 8 months.
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Grace Thomas
omg the weekly claims are so confusing tho!! i keep worrying im going to mess something up when reporting my freelance stuff and then get in trouble for overpayment later
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Kennedy Morrison
•Just be honest and report everything. It's better to over-report income than under-report. If you're unsure about something specific, you can call NYS Department of Labor for clarification.
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Hunter Brighton
•Good luck getting through on the phone though. I've been trying to reach someone at NYS Department of Labor for weeks about my adjudication issue. If you need to actually talk to an agent, I found this service called Claimyr (claimyr.com) that helps you get through to NYS Department of Labor representatives. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of busy signals.
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Dylan Baskin
The job search requirement is important too - you need to make at least 3 job contacts per week and keep a log. NYS Department of Labor can ask for your job search records at any time so make sure you're documenting everything properly.
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Lily Young
•Do freelance client contacts count toward the 3 weekly job contacts requirement?
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Wesley Hallow
•No, freelance client outreach doesn't count. The job contacts need to be for traditional employment opportunities - applying for posted jobs, networking for potential positions, attending job fairs, etc.
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Lauren Wood
i was in a similar situation last year and got approved no problem. just file the claim and see what happens. worst case they deny it and you appeal
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