Still eligible for NY unemployment as small business owner struggling after January wave?

This is a somewhat complicated situation with NY unemployment, but here's what you need to know: As a small business owner, you typically aren't eligible for traditional unemployment benefits unless you paid unemployment insurance taxes on your own wages. However, if you're significantly reducing your work hours and looking for full-time employment, you might qualify for partial benefits. You'll need to report any income you're still earning from your business during weekly certifications, and benefits will be reduced accordingly. Be completely honest about your continued involvement in the business - any misrepresentation could result in having to pay back benefits plus penalties. I recommend calling NYSDOL directly to discuss your specific situation before applying.

I was in this exact situation last year! My shop had been open 7 years when everything fell apart. NYSDOL makes it REALLY difficult to get through to anyone who can actually understand self-employment situations. After 3 days of calling and never getting through, I found this service called Claimyr (claimyr.com) that got me connected to an agent in about 20 minutes. They have a video showing how it works: https://youtu.be/Rdqa1gKtxuE The agent I spoke with confirmed I could get benefits while my business was severely reduced as long as I was actively looking for other work and reported any income I was still making. It saved my sanity not having to call hundreds of times.

the UI system isnt designed for small business owners at all. i tried last yr and got rejected even tho my business was barely making anything. they said i wasnt "unemployed" since i still owned the business!! total bs if u ask me.

The key thing is whether you can meet the "available for work" requirement while still running your business part-time. When you certify each week, you have to confirm you're ready, willing, and able to accept full-time work. If your continued business operations would prevent you from accepting a job, that could be problematic. You'll also need to document your active job search - NY requires you to make at least three work search activities each week. Keep detailed records of all applications, networking, interviews, etc. NYSDOL has been auditing these more frequently in 2025.

i just went thru this!!! make SURE u tell them exactly how many hours ur still working at ur business each week when u certify. they asked me for bank statements going back 3 months to verify my income had actually dropped. and they wanted proof i was lookng for other jobs. its doable but the paperwork is a nightmare lol

From a technical perspective, what matters to NYSDOL is: 1. Did you pay into the UI system as an employee of your business? (If you received W-2 wages and had UI taxes withheld) 2. Have you experienced a significant reduction in work through no fault of your own? (The market downturn would qualify) 3. Are you available for and actively seeking full-time employment? (This means being able to accept work if offered and documenting at least 3 work search activities per week) Your business structure matters significantly here. If you're an S-Corp or C-Corp where you paid yourself as an employee with proper payroll taxes, you'll have a much stronger case than if you're a sole proprietor who took owner draws. You'll need to provide your EIN number, business documentation, and tax returns when you apply.

my brother tried to get benefits while his contruction business was dead during winter and they DENIED him even tho he had zero income! system is rigged against small businesses i swear

One more important thing: If you do qualify and receive benefits while attempting to keep your business going part-time, be extremely careful about reporting ALL income during weekly certifications. NY uses a dollar-for-dollar reduction after you earn more than $504 in a week, and benefits completely stop if you earn more than your benefit rate. For calculation purposes, if you're still working at your business, you need to report gross earnings for any week worked, even if you haven't actually paid yourself yet. This is a common audit trigger for self-employed individuals.

dont give up ur business!! my friend got benefits for like 6 months while her shop was struggling and it gave her enough time to pivot to a new business model. shes doing ok now. sometimes u just need a bridge

Based on all the information you've shared in your responses, it sounds like you have a good case for UI benefits. With an S-Corp structure, proper tax payments, significantly reduced hours, and willingness to accept full-time employment, you meet the basic eligibility criteria. I'd recommend applying online through your NY.gov ID account, then immediately try to speak with a specialist about your self-employment situation to ensure your claim is processed correctly. Document everything meticulously - business financial records showing revenue decline, tax returns, hours worked, and especially all job search activities. The more organized your documentation, the smoother the process will be. Good luck with both your job search and keeping your business alive!