Q: Will I be eligible for unemployment benefits in New york state?

A: You should qualify if you earned the minimum required gross income in two full quarters. They go back either 4 or 5 quarters for calculating earnings which applies for anyone performing services in New York. It's state law overseen by the NYS DOL.

Remember that all employers must comply with New York's Labor Laws for any employees who work in New York. Plus there are additional laws for New York City. Of course if these employers did not comply with DOL requirements that may hold the process up.

Also, given COVID, employees have had to wait longer in cases which are not clear-cut winners and your facts present several potential snafus for claims processing. On the other hand you might get lucky.

Here's what's most important:

1) File your claim ASAP.

2) Do not file it in more than 1 state. For example, if you file in NY don't also file in Texas.

3) Be prepared to provide proof of earnings. Obtain your bank statements, income tax records, deposit slips or pay stubs, anything that can prove your earnings from any job over the past year and 4 months.

4) Apply honestly. This cannot be emphasized enough. Many people who obtained benefits during COVID will have to return some or all of those benefits in the next several years. Most don't know that yet. They either did not apply honestly or did not follow the rules. Don't make those mistakes.

5) If you were fired don't allege it was lack of work. Unless you committed gross misconduct you should qualify. Keep copies of emails or phone messages regarding notices you gave or your employer gave to you. Saying you erased them or lost your phone looks very bad.

6) Be prepared for a long process and be pleasantly surprised if it's short.

I haven't had time to handle these claims during COVID but retain a qualified competent unemployment appeals lawyer if denied. Lawyers in New York may not charge a fee unless the lawyer wins your hearing or appeal AND the DOL approves the lawyer's fee with the unemployed claimant. That is pursuant to NYS DOL rules applicable to appeals before ALJs and the UIAB.

Good luck. If you have other jobs or perform other work online beware. The DOL will figure that out and can penalize you for non-disclosure. Same goes for starting your own business. If you don't disclose that to DOL before launching it's unlikely that any judge will have authority to approve benefits. Self employment is a huge red flag when claiming unemployment but don't take it from me. Call a lawyer who has actually done UIAB appeals during COVID and ask them. Unless those rules changed starting or running a business of your own without first getting approval from the DOL is an easy way to get denied. And there are others. Good luck!