Who doesn't qualify for unemployment benefits through NYS Department of Labor?
I'm trying to help my sister figure out if she can file for unemployment but we're getting conflicting information about eligibility. She was working part-time as a freelance graphic designer (1099 contractor) and also had a small cleaning business on the side. Neither paid into unemployment insurance. From what I'm reading, contractors and self-employed people don't qualify for regular UI benefits through NYS Department of Labor, but I wanted to confirm this. Are there other categories of workers who can't get unemployment? She's really stressed about this and I want to give her accurate information.
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Kristin Frank
You're correct that independent contractors and self-employed individuals typically don't qualify for regular unemployment benefits since they don't pay into the UI system. Other groups that generally don't qualify include: students working for their school, employees of religious organizations in certain roles, casual workers, and people who quit without good cause. Federal employees have their own system. Your sister should still check if she had any W-2 employment in the past 18 months that might make her eligible.
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Jabari-Jo
•She did have a part-time retail job about 6 months ago that lasted 3 months. Would that W-2 income count toward eligibility even though it was short-term?
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Micah Trail
wait I thought contractors could get unemployment now? my friend who drives for uber was getting benefits last year
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Nia Watson
•That was probably during the pandemic when there were special federal programs like PUA that covered gig workers. Those programs ended in 2021. Regular NYS unemployment only covers employees who had taxes withheld for unemployment insurance.
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Alberto Souchard
The NYS Department of Labor has specific wage requirements too. Even if she had W-2 employment, she needs to have earned enough in her base period quarters to qualify. I think it's around $2,600 total with at least $1,600 in one quarter, but you should verify those numbers on the NYS Department of Labor website since they can change.
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Jabari-Jo
•That's really helpful, thank you! I'll have her gather her pay stubs from that retail job to see if she meets the wage requirements.
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Katherine Shultz
If you're having trouble getting through to NYS Department of Labor to verify her eligibility, I used a service called Claimyr (claimyr.com) that helped me reach an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. It was way easier than trying to call the regular number and getting disconnected. An agent was able to look at my work history and tell me exactly what I qualified for.
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Marcus Marsh
•Is that one of those paid services? I'm always skeptical of companies that charge you to access government benefits you should be able to get for free.
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Katherine Shultz
•I understand the skepticism, but honestly the time I saved was worth it. Spent weeks trying to get through on my own before finding them. They just help you connect with the actual NYS Department of Labor agents, you're still dealing directly with the state.
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Hailey O'Leary
The whole system is so confusing! I worked full-time for years then became a consultant and thought I'd automatically be covered. Had no idea contractors weren't eligible until I actually needed it. Your sister should definitely file an application even if she's unsure - worst case they'll deny it but at least she'll have an official answer.
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Kristin Frank
•Good point about filing anyway. Sometimes people are surprised by their eligibility, especially if they had multiple types of employment. The NYS Department of Labor will review all her work history in their system.
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