Hey NYC. Unemployment benefits question: if I quit a full-time job, then go work a short-term freelance job (2-3 months) will I be eligible for unemployment benefits after the freelance gig is over?

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I’ve literally done this myself. SVP1 is partially incorrect. The answer is no after the full-time job, but YES after the freelance gig is up. That’s when you can file.

When you file, that freelance gig was your last “employer” and your term ended due to “lack of work.” Even if that freelance gig was just a couple days, it doesn’t matter what you did before that gig as far as eligibility goes. It also doesn’t matter if the freelance gig was 1099 or W4, the state doesn’t care, as long as your gig ended due to “lack of work,” it’s all considered an employer that let you go as far as the Dept of Labor is concerned, even when everyone knows it was temporary.

Call up the NYS DOL on the phone the first Monday after your last day of the freelance gig and they’ll set you up. (I recommend calling them for the initial setup instead of doing it online.) You can literally explain the whole truth to the person on the phone and you will definitely be eligible to get benefits after that gig is up, AS LONG AS the freelance gig dictated your last day. You cannot end the freelance gig on a day of your choosing, it has to be theirs. To be iron-clad, get this spelled out in an email. Ask them to send you an email stating your last day. Something like, “Just to confirm, your last day of needing me is May 8, right?” And their response will lock it in as “lack of work.” This is 100% allowed and is 100% legal in the State of New York, and is your entitlement.

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Don’t forget the free Medicaid, it’s actually really good in NY state. I think I had the best healthcare while being unemployed.

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Free Medicaid? What are you talking about?

No. If you quit, you aren’t eligible for unemployment.

And freelance is by nature short term, it doesn’t count as being laid off therefore eligible for unemployment when the assignment is over.

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While not exactly on topic, something I learned after quitting was though expensive, COBRA lasts 18 months in NY. And that coverage is far better, and for me, cheaper than Obamacare. If you can afford it, it’s worth it.

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Sounds like fraud and at the very least, gaming the system. Thank goodness I’m totally with the shits, do it!

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