New York Unemployment

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I was in a very similar situation as a real estate agent about 18 months ago - no sales for over 4 months and really struggling financially. Like everyone has mentioned, you won't qualify for regular unemployment as an independent contractor with 1099 income. What saved me was getting creative with related income opportunities. I started doing virtual assistant work for agents in other markets (social media management, lead follow-up, etc.) and also picked up some property photography gigs. The VA work was especially good because I could do it from home and it paid hourly. I found most of these opportunities through Facebook groups for real estate professionals and Upwork. It's not glamorous but it kept me afloat until my sales picked back up. Also definitely apply for SNAP if you qualify - there's no shame in using available assistance programs when you need them. The real estate market is cyclical and it will improve. In the meantime, maybe use this slower period to really focus on your lead generation systems and follow up with past contacts.

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This is such great advice Samantha! I never thought about doing VA work for agents in other markets - that's really clever since you already understand the industry. The property photography angle is interesting too. How did you get started with that? Do you need special equipment or training? I'm definitely going to check out those Facebook groups and Upwork. It's encouraging to hear from someone who actually made it through a similar rough patch. I've been feeling pretty discouraged lately but your suggestions give me some concrete steps I can take right away. And you're absolutely right about using this time to work on lead generation - I probably haven't been as systematic about follow-up as I should be. Thanks for sharing what worked for you!

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I'm a former NYS Department of Labor claims examiner, and I can confirm that real estate agents working as independent contractors (receiving 1099s) are not eligible for regular unemployment benefits. The unemployment insurance system is funded by employer contributions for W-2 employees only. However, I'd still recommend applying online through the NYS DOL website - sometimes people have mixed employment history that could create eligibility, and the system will automatically determine if you qualify based on your wage records. Also, make sure to check if you've had any recent W-2 employment that might still be within your base period. Even if you don't qualify for unemployment, document this period of reduced income for tax purposes - you may be able to claim business losses. And definitely look into local assistance programs and SNAP benefits while you're rebuilding your client base.

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Thank you Collins for that official perspective! It's really helpful to hear from someone who actually worked at NYS Department of Labor. I'm definitely going to apply online anyway just to be absolutely sure - you never know if there's something in my work history that might make a difference. The point about documenting this as business losses for tax purposes is something I hadn't considered at all, so I'll make sure to keep good records. It sounds like even though the unemployment benefits aren't available, there are still some practical steps I can take. I appreciate everyone who has shared their experiences and advice in this thread - it's made me feel less alone in this situation and given me some concrete actions to pursue.

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Ugh, I've been dealing with the same thing since yesterday! The site keeps timing out when I try to access my claim status. Really frustrating because I need to check if my payment went through. Has anyone noticed if the mobile app is working any better than the website? Sometimes that's been more reliable for me during these outages. Fingers crossed they get this sorted soon - missing certification deadlines because of their technical issues is such BS 😤

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Hey! I actually had better luck with the mobile app yesterday when the website was completely down. It was still slow but at least I could get to the login page. Worth trying if you haven't already! And totally agree about the BS factor - we shouldn't have to stress about missing deadlines because their system can't handle basic traffic 🤦‍♀️

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Just went through the same nightmare this morning! Was getting the "Safari can't connect to server" error for hours. Finally got in around 2pm by trying what Eva suggested - cleared all my cookies and cache, then used incognito mode. Still took like 5 attempts but eventually worked. The fact that we have to jump through all these hoops just to access our benefits is ridiculous. NY really needs to upgrade their servers because this happens almost every week now 😡

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omg yes the phone system is terrible!! I've been hung up on like 10 times trying to ask if I can take a certification course while collecting benefits

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@Miguel Ortiz You can usually take approved training programs while on unemployment - some are even encouraged by NYS DOL! But like Dylan said, you need to get approval first. Check if your certification course qualifies under their approved training programs list. I took a digital marketing certification last year while collecting and it actually helped me find my current job. Just make sure to document it as part of your work search activities too.

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For education/training, you generally need prior approval from NYS Department of Labor to maintain eligibility. Don't just start a program without checking first. And remember, even if you're doing everything right, always respond immediately to any correspondence from NYS Department of Labor - ignoring letters or requests for information is the fastest way to get your benefits stopped.

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This thread has been incredibly informative! I'm also dealing with unemployment benefits for the first time and had the same misconception that unused benefits would just sit there waiting for me to use them later. Reading everyone's explanations about how the benefit year system works has really cleared things up. It's definitely a relief to know that if you become unemployed again within the same benefit year, you can still access your remaining balance - I had no idea about that detail. For anyone else who's new to this like me, it seems like the main points are: 1) benefits are calculated fresh for each new claim based on recent work history, 2) unused benefits expire when your benefit year ends (52 weeks from initial filing), but 3) you can return to the same claim if you become unemployed again within that same benefit year. Thanks to everyone who took the time to share their experiences - it's so much more helpful than trying to decode the official government websites!

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This is such a great summary! As someone who's also navigating unemployment benefits for the first time, I really appreciate how you've broken down the key points so clearly. The benefit year concept was definitely the most confusing part for me too - I kept thinking of it like a bank account that would just stay there forever. Your three main points are spot on and will probably help a lot of other newcomers who find this thread. It's amazing how much clearer everything becomes when real people share their actual experiences rather than trying to parse through all the official government language!

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As someone who's been through the unemployment system in NY a couple times, I can confirm what others have said - any unused balance disappears when your benefit year ends. It's frustrating but that's how it works. One thing I'd add is to make sure you keep good records of when your benefit year started so you know exactly when it expires. Also, if you do take that job offer (which you absolutely should!), make sure to properly close out your claim through the online portal to avoid any issues down the road. The key thing to remember is that unemployment is temporary income replacement, not a savings plan. Take the job and don't look back - steady employment is always better than living off unemployment benefits, even if it means leaving money on the table.

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This is really solid advice from someone with actual experience! The point about keeping records of when your benefit year started is something I hadn't thought of but makes total sense. I'm definitely leaning towards taking the job offer after reading everyone's responses here. It's reassuring to hear from multiple people that steady employment is always the better choice, even with unused benefits. Do you happen to remember how straightforward the process was to close out your claim through the online portal when you went back to work?

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If you're having trouble getting through to NYS Department of Labor to discuss your case or need to speak with someone about the appeal process, I used claimyr.com recently when I needed to reach an agent quickly. They have a service that gets you connected to actual NYS Department of Labor representatives without waiting on hold forever. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really helpful when you're dealing with time-sensitive unemployment issues like employer appeals.

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Interesting, I didn't know services like that existed. Have you used it personally or just heard about it?

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Used it myself when I had questions about unemployment tax issues for my business. Much easier than trying to call NYS Department of Labor directly and getting busy signals all day.

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I'm also dealing with a similar situation right now. One thing I learned is that you should also check if your state has specific guidelines about what constitutes "misconduct" versus just poor performance. In NY, the misconduct has to be willful and work-related. Being consistently late might qualify if you have documented warnings and a clear attendance policy that the employee acknowledged. Make sure you can show that the employee knew the consequences of their actions and continued the behavior anyway. Also keep copies of everything you send to NYS Department of Labor for your records.

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This is really helpful advice about the willful misconduct standard in NY. I'm curious - how do you prove that an employee "knew the consequences" beyond just having them sign the employee handbook? Did you have to get written acknowledgments each time you gave warnings, or is it enough to have the warnings documented in their personnel file? I want to make sure I'm building the strongest case possible.

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