What is the definition of unemployment for NYS Department of Labor benefits eligibility?
I'm trying to understand exactly what counts as being unemployed for NYS Department of Labor purposes. I was let go from my job last month but I'm doing some freelance work here and there. Does that disqualify me from unemployment benefits? What's the official definition the state uses? I want to make sure I'm eligible before I file my claim.
9 comments


GalaxyGazer
For NYS Department of Labor purposes, you're considered unemployed if you're totally or partially unemployed through no fault of your own and you're able and available for work. The key thing is you must be actively seeking work and ready to accept suitable employment. Freelance work might affect your weekly benefit amount but doesn't automatically disqualify you - you just need to report all earnings on your weekly claim.
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Nia Harris
•Thanks! So I can still file even with some freelance income? Do I report gross or net earnings?
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Mateo Sanchez
You also need to have worked long enough and earned enough wages during your base period to establish a claim. NYS Department of Labor looks at your employment history over the past 18 months to determine if you meet the monetary requirements. If you're doing freelance work, report the gross amount you earn before taxes and deductions.
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Nia Harris
•Good to know about the base period. I was working full-time for 2 years before getting laid off so I should be fine there.
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Aisha Mahmood
been there! the system is confusing but basically if you lost your main job and are looking for work you qualify. just be honest about any side work on your weekly claims
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Ethan Moore
I had similar confusion when I got laid off. What really helped me was using Claimyr to actually talk to someone at NYS Department of Labor about my specific situation. You can check out their service at claimyr.com - they help you get through to an actual agent instead of waiting on hold forever. There's even a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really saved me time and stress.
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Yuki Kobayashi
•How much does that cost? I'm already strapped for cash after losing my job.
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Ethan Moore
•It's worth it when you consider how much time you save not calling repeatedly. Plus they focus on getting you connected so you can get accurate info about your specific situation.
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Carmen Vega
The whole system is designed to make you jump through hoops. They'll find any excuse to deny claims these days. But yeah technically if you're not working your regular job and looking for work you should qualify.
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