Which person would be eligible for unemployment benefits - NYS Department of Labor requirements?
I'm helping my neighbor figure out if she can apply for unemployment and honestly I'm not sure who actually qualifies. She got laid off from her part-time retail job last month after working there for 8 months. Before that she was doing gig work for about a year. I know there are work history requirements but I don't really understand how NYS Department of Labor calculates eligibility. Can someone explain what makes a person eligible for UI benefits? I want to make sure she doesn't waste time applying if she won't qualify.
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Fatima Al-Farsi
For NYS Department of Labor unemployment eligibility, there are several key requirements: 1) You must have worked and earned wages in at least two quarters during your base period (usually the first 4 of the last 5 completed calendar quarters). 2) You must have earned at least $2,600 in your highest quarter. 3) Your total base period wages must be at least 1.5 times your highest quarter earnings. 4) You must be unemployed through no fault of your own. 5) You must be able, available, and actively seeking work. Gig work can count toward wage requirements if taxes were properly withheld.
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Giovanni Moretti
•Thanks! So the 8 months at retail plus the gig work should probably meet the wage requirements then. She was definitely laid off due to store restructuring so that wasn't her fault.
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Dylan Cooper
wait does gig work actually count? i thought uber and doordash drivers couldn't get unemployment
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Sofia Perez
•It depends on how the gig work was classified. If she was a true independent contractor with 1099s, that typically doesn't count for regular UI eligibility. But if any taxes were withheld and she was treated more like an employee, it might. She should check her tax documents from that period.
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Dmitry Smirnov
I had a similar situation and couldn't get through to NYS Department of Labor for weeks to ask about my work history. Finally used this service called Claimyr (claimyr.com) that actually got me connected to an agent who could review my eligibility over the phone. There's even a demo video at https://youtu.be/qyftW-mnTNI showing how it works. Way easier than trying to navigate the phone system myself.
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ElectricDreamer
•How much did that cost though? Seems like you should be able to get this info for free.
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Dmitry Smirnov
•I was spending hours trying to get through on my own and getting nowhere. Sometimes it's worth it to just get a real answer instead of guessing about something this important.
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Ava Johnson
The NYS Department of Labor system is SO confusing about this stuff. I've been working for 3 years and still wasn't sure if I qualified when I got furloughed. Turns out I did but it took forever to figure out all the requirements.
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