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Same boat here - had to close my photography business last year and couldn't get any unemployment. Ended up having to take a retail job just to qualify for benefits if I ever get laid off again. It's backwards but that's how the system works.
Have you considered looking into New York State's other assistance programs while you're figuring out the unemployment situation? The Department of Social Services has programs like SNAP (food assistance) and emergency cash assistance that might help bridge the gap. Also, if you're planning to shut down the LLC, you might want to consult with an accountant about any tax implications - sometimes there are deductions or loss carryforwards that can help reduce your tax burden. It's not unemployment benefits, but every bit helps when cash flow is tight.
That's really helpful advice about looking into other assistance programs! I hadn't thought about SNAP benefits. Do you know if having an LLC (even one that's not making money) affects eligibility for those programs? I'm worried they might see me as "employed" even though I'm making zero income. And yeah, definitely need to talk to an accountant about shutting down properly - don't want to get hit with unexpected tax issues on top of everything else.
Just to add - make sure you're answering all the questions honestly when you certify. They ask about any work you did, job refusals, if you were able and available, etc. Don't rush through it or you could end up with an adjudication issue later.
Great question! I was confused about this too when I first started. The key thing to remember is that you're certifying for a completed week (Sunday through Saturday), and you can do it any day after that week ends. I personally certify on Sunday evenings - it helps me stay organized and I can review my job search activities from the week that just ended. The NYS DOL system will show you exactly which week you're certifying for, so you don't have to worry about getting mixed up. Just make sure you don't skip a week or you might have to call them to fix it!
This is really helpful, thank you! I like the idea of certifying on Sunday evenings - that way I can make sure I have all my job search activities documented for the week that just ended. Do you know if there's a deadline for when you have to certify each week, or can you do it later in the following week if needed?
I agree that NYS should make this clearer! I think a lot of people miss out on benefits they're entitled to because the distinction between W2 contractors and 1099 contractors isn't well explained. For anyone reading this thread, the general rule is: if you got a W2 and had payroll taxes taken out, you were likely an employee for unemployment purposes regardless of whether it was called "contract work." The staffing agency was probably paying unemployment insurance on your behalf. Definitely worth filing a claim!
This is really helpful information! I'm currently a W2 contractor through a staffing agency and wasn't sure about my eligibility either. It's good to know that having taxes withheld and getting a W2 makes you eligible. I've been saving up just in case my contract ends, but it's reassuring to know unemployment benefits are an option. Thanks for asking this question - I'm sure lots of people are in similar situations and don't know their rights!
Absolutely! This thread has been eye-opening for me too. I think many of us in contract positions assume we're not eligible for unemployment, but the W2 vs 1099 distinction is really key. It's great that people are sharing their experiences here - it helps clear up a lot of confusion about what can be a pretty complex system. Definitely bookmark this info for future reference!
Just want to add that if your base period doesn't qualify you, NYS Department of Labor will automatically check your alternate base period which uses the last four completed quarters instead. Sometimes that works better for people who had recent job changes.
This is really helpful information! I'm in a similar boat where I worked inconsistently throughout 2024. One thing I learned when I called NYS Department of Labor is that they also have a minimum weekly benefit amount requirement - you need to have earned at least 1.5 times your weekly benefit rate in your high quarter. So it's not just about hitting the $2,700 total, but also about having enough earnings concentrated in your best quarter. Might be worth calculating that out too before you file to see where you stand.
Wait, can you explain more about that weekly benefit calculation? I'm trying to figure out if my highest quarter earnings would be enough. Do you know what the minimum weekly benefit amount is in NY, or does it vary based on your earnings? This is getting really complicated but I want to make sure I understand everything before I file.
Jamal Brown
Based on what everyone's shared, it sounds like you should be in good shape since you worked full-time in early 2024. Just to add some clarity - the key thing to remember is that NYS Department of Labor needs to see wages in at least 2 different quarters within your base period, and those wages need to total at least $2,600. Since you mentioned working part-time through 2023 and then full-time starting early 2024, you likely have wages spread across multiple quarters which should help you meet both requirements. The system will automatically check both base periods for you, so you don't need to request the alternate base period - it happens behind the scenes if needed.
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ThunderBolt7
•This is really helpful information! I'm feeling much more confident about my eligibility now. It sounds like since I have wages from both my part-time work in 2023 and my full-time work in early 2024, I should meet both the two-quarter requirement and the $2,600 minimum. I appreciate everyone taking the time to explain how the base periods work - it's way clearer than anything I found on the official NYS Department of Labor website.
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JacksonHarris
Just wanted to chime in as someone who went through this process recently. One thing that helped me was calling the automated system at 1-888-209-8124 during off-peak hours (like early morning or late evening) to check my benefit year and base period dates. It's way faster than trying to get through to a live agent, and it gives you the exact quarters they're using for your claim. You can also press different options to hear your total wages for each quarter, which helps you verify if you meet the requirements without having to log into the website.
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