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  1. #1

    Unhappy Freelance Job While Receiving Benefits, Don't Know How to Fill Out Form

    My question involves unemployment benefits for the state of: NEW YORK

    Hi
    I am receiving unemployment benefits in Ny. I did some freelance work for 2 weeks only couple of days a week which I reported. Now since I claimed the whole week again they want me to fill out a form telling them my most recent employer and the reason why I don't work for them anymore. I can't fill that out since they are not my employers but clients, they shouldn't be deciding if I get unemployment or not right? What should I do now?? The reason I am not freelancing for them is because it was a design project which is ended already. Besides when I claim my weekly benefits, they say "Apart from self-employment, did you earn more than $405?" Which I obviously didn't since everything came from the freelance gig. I am really confused, and I don't know how to solve this. Could you help me out?? Thanks a million, I am actually scared I get in some kind of legal trouble for this.

  2. #2
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Freelance Job While Receiving Benefits, Don't Know How to Fill Out Form

    Call and ask?

  3. #3

    Default Re: Freelance Job While Receiving Benefits, Don't Know How to Fill Out Form

    I am trying and it is hard to get to talk to a real person. Thanks for the advice though didn't think about that.

  4. #4
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Freelance Job While Receiving Benefits, Don't Know How to Fill Out Form

    The problem is that every state's form has its own rules. They're not the same across the board.

  5. #5
    Join Date
    Jan 2010
    Posts
    1

    Default Re: Freelance Job While Receiving Benefits, Don't Know How to Fill Out Form

    I have similar question as kindofscared. First, as far as the comment "call and ask?": i've been trying to call the NY State unemployment benefits number to get someone on the line on and off for weeks... most recently almost every hour of every day for last 2 weeks... there is always a termination of the call with a curt "we're busy. please call back". so i can attest: calling is useless. so, i guess i'm "kind of scared" also.

    My issue is that I, too, had been receiving unemployment payments, filing my benefits claim each week, while I looked for work. I am an art director who'd been laid off from a full-time job at an advertising agency. In my field, it is likely I'll be accepting freelance gigs for a while while I keep ears open for full-time employment.

    After several weeks of collecting weekly unemployment payments, I obtained a week-and-a-half freelance assignment at a NY city agency. During those 2 weeks, I filed online as always, except this time stating appropriately that I had indeed worked and had made over the $405 limit each of the two weeks.

    I soon received a "Break in Claim" form from the NYS DOL, on which I was to indicate why there was an interruption in my benefit payments, and also why the gig ended. I answered the questions (i.e., that I'd worked a freelance assignment, the purpose of ending it was the assignment was completed, and entered the name of the person at the ad agency who would be contacted for confirmation), and returned the form to Albany as instructed. I also confirmed with the ad agency person that I'd entered the right answers, that his name was the appropriate one within his company to use, and that yes he is very familiar with the form and procedure and that normally he gets contacted by the state and confirms as necessary.

    Subsequent to this freelance "employment", I continued to file the weekly online benefits as always, but now returned to stating that I had not worked and had not received income, etc. I've now done that ($0 income) for a second week. However, two weeks after starting to reclaim $0 income, there is no activity shown on the online page showing my account's payment release activity, and the ad agency man states he still has not received from the state anything regarding confirmation of my submitted "Break in Claims" form.

    I simply wish to ask someone "have I done everything correctly, and when should I expect to see any renewed benefit payments?

    I feel like I've done everything that's instructed in the state's handbook and on their website's FAQs, but would feel so much better if I could just speak with a human being...but, I've tried and tried.

    Importantly, the likelihood is quite high that I will again obtain freelance temporary work time to time, and I need to know the correct procedure.

    Thanks so much for any comment or direction.

  6. #6

    Default Re: Freelance Job While Receiving Benefits, Don't Know How to Fill Out Form

    My situation is identical to yours, LawCB, and I'd love to find out how it was resolved! I've been claiming UI for a while after a well-paying job ended and just got a week-long freelance gig. It's paid (not much, but something!) and I want to make sure I do the right thing on New York's DOL website.

    I've read conflicting advice. Some freelancers say: just don't claim, wait a week, and then resume claiming. Others do what you did and fill out the online questionnaire and hit "claim."

    I really won't survive without those benefits and I don't know when another freelance job will come along. What happened to you, and what should I do!

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