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I went through something similar a few months ago. Even though I was classified as 1099, I still filed because like others mentioned, sometimes companies misclassify workers. In my case, NYS Department of Labor looked at the details of my work arrangement and determined I should have been an employee based on the level of control the company had over my work. It took about 6 weeks to get a decision, but I ended up qualifying for benefits. The key factors they considered were that I worked set hours, used company equipment, and my work was essential to their core business operations rather than a specialized project. Definitely worth filing - you've got nothing to lose by trying.
@Gabriel Ruiz Thanks for sharing your experience! It s'really reassuring to hear from someone who actually went through this process successfully. I m'dealing with a similar situation right now - my marketing contract just ended and I was classified as 1099 even though they had me working their set schedule and using their equipment. Your story gives me the confidence to go ahead and file. Did you have to gather a lot of documentation beforehand, or did they request specific evidence after you filed? I want to be prepared with emails about schedules, access credentials, etc. but wasn t'sure what would be most helpful for their investigation.
@Gabriel Ruiz This is so helpful to hear from someone who actually succeeded with this! I m'in a really similar boat - just finished a 6-month marketing contract where they had me on their schedule and equipment but still gave me a 1099. Your story gives me hope that it s'worth filing even though I m'nervous about it. Quick question - when you initially filed online, did the system give you any trouble for indicating contractor work, or does it let you explain the situation? I m'worried about getting auto-rejected before anyone even looks at the details of my work arrangement.
I'm in a very similar situation - just finished a 4-month contract where I was classified as 1099 but had to work their set schedule and use company equipment for all my tasks. Reading through these responses, especially @Gabriel Ruiz's success story, I'm definitely going to file a claim. It sounds like the key is documenting how much control they had over your work. I saved emails about my required hours, screenshots of using their project management systems, and even photos of the company laptop they gave me. Even if it takes 6 weeks like Gabriel mentioned, it's worth trying since the alternative is just assuming I don't qualify. Thanks everyone for the insights - this thread has been incredibly helpful for understanding that contractor misclassification is more common than I thought.
If your small restaurant employer isn't responding to calls, you might also try checking if they have a business license posted somewhere visible - sometimes the FEIN is listed there. Another option is to look at any old paystubs you might have saved, as some employers include it. If all else fails, you can also try searching for the business on the IRS's online EIN database or contact the NYS Department of Labor's employer services division - they might be able to help you locate the FEIN using the business name and address.
That's really helpful advice! I didn't know about the IRS EIN database - is that something anyone can search online? And do you know if there's a specific number to call for the NYS Department of Labor employer services division? I'm dealing with a similar situation where my former employer just isn't getting back to me.
I'm dealing with almost the exact same situation! I'm 56 and got laid off from my construction job three weeks ago after 15 years. I have a pension from my previous employer (a different construction company) that pays me $325 monthly. I was really stressed about how this would affect my unemployment claim, but reading everyone's experiences here has been so reassuring. It sounds like since it's from a previous employer and not my current one, I should be okay as long as I'm completely transparent about it. I'm going to file my claim tomorrow and make sure to include all the pension details right from the start. Thanks to everyone who shared their stories - it really helps to know I'm not alone in this situation and that there are people who've successfully navigated this with NYS Department of Labor!
You're definitely on the right track! Construction worker to construction worker here - I went through this same exact situation about a year ago when I got laid off from my electrical job. Had a pension from my previous company paying about $280/month and was terrified it would mess up my benefits. Turns out it was no issue at all since it was from a different employer. The key really is just being completely honest on that initial application. NYS Department of Labor actually makes it pretty straightforward - there's a specific section asking about pensions and they'll walk you through what counts and what doesn't. Since yours is from a previous construction company and not your current employer, you should be golden. Just make sure you keep reporting it on your weekly certifications even though it won't reduce your benefits. Better to over-communicate than under-communicate with these folks!
I'm in a really similar situation - 54 years old and just got laid off from my warehouse job after 18 years. I have a small pension from a retail job I left about 12 years ago that pays around $285/month. Reading through everyone's experiences here has honestly been such a huge relief! I was actually putting off filing my unemployment claim because I was so worried the pension would disqualify me or cause problems. But it's clear from all these responses that as long as it's from a previous employer (which mine definitely is), I should be fine as long as I'm completely transparent about it. The consensus seems to be that NYS Department of Labor is pretty reasonable about this stuff when you're upfront from the beginning. I'm going to file my claim this week and make sure to include all the pension information right in the initial application. Thank you to everyone who shared their stories - it really helps to know that so many people have successfully navigated this exact situation!
This NEVER works for me! The system just ignores what I say and goes back to the same stupid menu no matter what I try!! 🤬
I feel your pain! I was stuck in the same nightmare loop for weeks. What finally worked for me was a combination of tips from this thread - I called at exactly 7:58am on a Thursday using Javier's updated sequence (1-888-209-8124, then 1 for claimant services, 3 for payment issues, 9 for rep). The key was having EVERYTHING ready beforehand like Oliver mentioned - claim ID, SSN, work history dates, and all determination letter numbers written down. Even then I waited 1.5 hours on hold but finally got through to someone who could actually help. Don't give up - it really does work if you hit the right timing and have all your paperwork ready!
Josef Tearle
This exact thing happened to my sister last year! Her Greek hyphenated last name is 18 characters and the NY unemployment system kept rejecting her application. She spent THREE MONTHS going in circles until she finally got connected to someone who understood the issue. The agent told her it's a known problem with their legacy database that can only handle 12-character name fields, but most of the front-line staff don't know how to fix it. What worked for her was calling early morning (like 7:58am before they officially open) and immediately asking for a "Tier 2 specialist for database format exceptions." She also had to provide extra documentation proving her identity since the abbreviated name didn't match her SSN records. It's absolutely insane that this is still a problem in 2025, but at least there IS a solution once you get to the right person. Don't give up - you're entitled to those benefits! The system is broken, not your claim.
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Keisha Williams
•Your sister's experience sounds EXACTLY like what I'm going through! It's honestly mind-boggling that they have a "known problem" with their database but don't train front-line staff how to handle it. Like, if you KNOW it's an issue, why not fix it or at least make sure your agents know what to do? I'm definitely going to try the 7:58am calling trick and ask specifically for a "Tier 2 specialist for database format exceptions." It's so frustrating that we have to become experts in their internal processes just to get our own benefits. Thanks for sharing what worked for your sister - gives me hope that there's actually a light at the end of this bureaucratic tunnel! 🙏
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Ava Thompson
This is such a widespread issue and it's absolutely infuriating! I've been watching government systems struggle with basic name diversity for years. My cousin had a similar nightmare with her 16-character Armenian last name - spent over 2 months fighting the system before getting it resolved. What really bothers me is that this isn't even a hard technical problem to solve in 2025, but they'd rather make us jump through hoops than update their ancient databases. From everything I've read here, it sounds like the key is getting escalated to someone with actual authority to override the system. The "database format exception" and "name reconciliation" phrases seem to be the magic words. Also want to echo what others said about contacting your state representative's office - they often have direct lines to unemployment and can cut through the bureaucratic nonsense. This shouldn't be your burden to solve, but unfortunately that's the reality we're dealing with. Keep fighting for what you're entitled to! 💪
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