New York Unemployment

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Ask the community...

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I'm in almost the exact same situation! Was laid off from my full-time job last fall, collected benefits for a few months, then worked part-time until recently when that ended too. Reading through all these responses has been incredibly helpful - especially learning about the benefit year vs. new claim distinction. I had no idea about the 10x rule only applying to completely new claims after your benefit year expires. That's a huge relief! I've been putting off dealing with this because the whole system seemed so intimidating, but now I feel like I have a clear path forward. Going to try reopening online first, and if that doesn't work, I'm definitely setting that early morning alarm to call right at 8 AM. Thanks to everyone who shared their experiences - it's amazing how much clearer this all becomes when you hear from people who've actually been through it. Fingers crossed we all get this sorted out soon! 🤞

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Welcome to the club! 😅 It's actually kind of comforting to know so many of us are navigating this confusing process together. I was feeling really overwhelmed when I first posted this question, but this community has been incredible. Everyone's shared experiences have made me feel so much more confident about tackling this. The 8 AM calling strategy seems to be the secret weapon that actually works - I'm setting my alarm extra early tomorrow to try it. Really hoping we all get through this bureaucratic maze soon! Thanks for adding your voice to this thread - it helps to know we're not alone in dealing with NY unemployment's "wonderful" system 🙃

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Hey everyone! Just wanted to jump in and share that I'm also dealing with a similar situation right now. Got laid off from my main job early this year, collected benefits for a while, then took a temporary contract position that just ended. Reading through all these responses has been SO helpful - I had no idea about the difference between reopening a claim vs filing a new one within the benefit year! The advice about calling at exactly 8 AM seems to be the consensus here. I'm definitely going to try that approach since the online system has been giving me nothing but headaches. It's honestly ridiculous how difficult they make this process when people are already stressed about losing income. @Eli Butler - really hope your call tomorrow morning works out! Please keep us updated because I think there are quite a few of us in this same boat who could benefit from hearing how it goes. This thread has been way more informative than anything on the official DOL website. Sometimes you really need to hear from real people who've actually navigated this mess! Good luck to everyone dealing with unemployment bureaucracy right now - we'll get through this! 💪

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Just adding my voice to this thread as someone who's been lurking and reading all these helpful responses! I'm in a really similar situation - laid off from my full-time job earlier this year, worked a part-time gig for a few months, and now that's ended too. This whole thread has been like a masterclass in navigating NY unemployment that you can't get anywhere else! The 8 AM calling strategy seems to be the real MVP here - I'm definitely going to try that this week. It's wild how many of us are dealing with the exact same scenario but had no idea about things like the benefit year rules or the difference between reopening vs. filing new. @Eli Butler hoping your call goes well tomorrow! And honestly, thank you for starting this thread because it s'helped so many of us who were just as confused. This community is proving way more valuable than any official government resource. Solidarity in dealing with this bureaucratic nightmare! 🤝

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I went through something similar two years ago. The investigation process took about 6 weeks for me. Here's what I learned: 1) Respond to everything they send you promptly and completely, 2) Gather all records of the unreported work (pay stubs, bank deposits, etc.), 3) Write a clear explanation of why you didn't report it initially. In my case, I genuinely misunderstood the reporting requirements for odd jobs under $100. They still made me pay back $3,200 plus penalties, but no criminal charges. The worst part was the stress of waiting, but being proactive and honest helped. You might also want to consult with an employment attorney for a consultation - many offer free 30-minute consultations for cases like this.

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This is really helpful advice, thank you @Diego Vargas. The 6-week timeline gives me some perspective on what to expect. I'm definitely going to gather all my records like you suggested. Did you end up needing that employment attorney consultation, or were you able to handle it on your own? I'm trying to figure out if it's worth the cost since the amount involved is relatively small.

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I actually did get a free consultation with an employment attorney and it was really worth it, even for a smaller amount. They helped me understand my rights and gave me specific language to use in my written response that I think made a difference. The attorney explained that how you frame your explanation can really impact whether they treat it as willful fraud vs. an honest mistake. For $2,800 like @Fatima Al-Mazrouei mentioned, I d'definitely recommend at least getting that free consultation - it s'basically insurance to make sure you handle this the right way from the start.

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I work for a legal aid organization and see these cases regularly. A few key points: 1) NYS Department of Labor distinguishes between "willful" fraud and "non-willful" overpayments - your explanation matters a lot here. 2) For amounts under $5,000, they rarely pursue criminal charges unless there's a clear pattern of deception. 3) You can request a payment plan if you can't afford the full amount at once. 4) The 15% penalty mentioned is accurate, but they sometimes waive it for first-time offenders who cooperate fully. 5) Most importantly - respond within the deadline they give you (usually 10 days) or they'll make a determination without your input. Document everything and consider it a learning experience rather than the end of the world.

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@Chloe Taylor this is exactly the kind of expert insight I was hoping to find here. The willful "vs" non-willful "distinction" you mentioned really gives me hope since my situation was genuinely a misunderstanding about reporting requirements. I had no idea there was only a 10-day response window - that s'critical information that could save someone s'case. One quick question: when you say document "everything, what" specific types of documentation should I prioritize gathering? I have some text messages with the person I did work for and bank deposit records, but I m'wondering if there are other types of evidence that would be particularly helpful in demonstrating this was an honest mistake rather than intentional fraud.

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@Chloe Taylor thank you so much for breaking this down - the willful vs non-willful distinction is huge! I m'in a similar boat where I genuinely didn t'understand the reporting requirements. Quick question: if they do offer a waiver hearing, is it better to take it or just accept their initial determination? I m'worried about making things worse but also want to make sure I get a fair shake. Also, do you know if having a clean record with no prior unemployment issues helps with getting penalty waivers?

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One thing to keep in mind is that even though you can apply anytime, the longer you wait the more potential benefits you're losing. Like if your hours got cut 6 weeks ago and you would have qualified for $200/week, you've already missed out on $1,200 in benefits that you can never get back.

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@Jabari-Jo definitely file as soon as you can! I was in a similar situation last year - working retail and had my hours cut from 35 to about 15 per week. I waited almost a month before applying because I didn't realize reduced hours could qualify you for partial unemployment benefits. The application process itself was pretty straightforward online, just make sure you have your employer info and pay stubs ready. Even with reduced hours you might still qualify for partial benefits to help make up some of the lost income. The sooner you file, the sooner you can start getting some financial relief while you look for more hours or another job.

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@Yara-Khoury This is really helpful to hear from someone who went through the same thing! I didn't realize you could get partial benefits when your hours are just reduced rather than completely losing your job. That makes me feel better about applying now. Do you remember roughly how much you were able to get in partial benefits? I'm trying to figure out if it will actually help cover my bills or if I should focus more on finding additional work instead.

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I'm dealing with something similar right now and this post really resonates with me. I made the mistake of not reporting some freelance work I was doing while on unemployment benefits, and I just got my overpayment notice last week. The amount they're claiming is around $2,800 plus penalties. Like you, I was desperate at the time and made a really poor decision. Reading through these comments has been both scary and helpful - it sounds like most people who cooperate and set up payment plans avoid the worst consequences. I'm planning to call them tomorrow to discuss my options. Thanks for being brave enough to share your experience because it helps the rest of us know we're not alone in this mess.

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I'm so sorry you're going through this too. It really does help to know we're not alone in making these mistakes. The guilt and anxiety have been eating at me since I got that first notice. I keep thinking about how I should have just reported everything from the beginning, but like you said, desperation makes you do stupid things. It sounds like you're taking the right approach by calling them right away. From what others have shared here, being proactive and cooperative seems to be key. I'm trying to stay hopeful that we can both work through this without it completely destroying our finances. Please keep us updated on how your call goes - I'd love to hear what options they offer you for payment plans.

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I really appreciate you sharing this experience - it takes courage to admit mistakes and warn others. I'm currently on unemployment and seeing your post is making me double-check that I've been reporting everything correctly. It's scary how easy it seems to be for them to find unreported income through cross-referencing records. From what everyone is saying here, it sounds like your best bet is full cooperation and setting up a payment plan. $4,200 is definitely not a small amount but it doesn't seem to be in the range where they typically pursue criminal charges. Have you considered reaching out to any local legal aid organizations? Sometimes they offer free consultations for situations like this and could help you understand your rights during the appeals process. Stay strong - this is going to be stressful but it's not the end of the world and you'll get through it.

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Thank you for the encouragement, it really means a lot right now. You're smart to double-check everything on your claims - I wish I had been more careful from the start. I hadn't thought about legal aid organizations but that's a great suggestion. Even just having someone explain the process and my rights would help me feel less lost in all this. The waiting and not knowing what's going to happen next is honestly the worst part. I keep going back and forth between panic and trying to stay optimistic that it will work out okay.

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This is such an important thread - thank you everyone for sharing your experiences! I've been dealing with something similar and it's honestly scary how sophisticated these scams are getting. What really helped me was creating a simple checklist after reading through all these responses: 1) Never click links in emails claiming to be from government agencies, 2) Always manually type official websites (like labor.ny.gov) into your browser, 3) Check the actual sender email address, not just the display name, 4) Remember that real DOL communications usually come through your online account portal first, and 5) When in doubt, call the official number from their website (even if the hold times are brutal). I also set up credit monitoring after reading about how these unemployment scams often lead to other types of identity theft. It's a small monthly fee but worth the peace of mind. Stay vigilant everyone - these criminals are unfortunately getting better at what they do, but at least we can help each other spot the red flags!

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This checklist is super helpful! I've been so overwhelmed trying to figure out what steps to take after getting that scam email. Having it laid out like this makes it feel way more manageable. I especially appreciate the tip about credit monitoring - I hadn't thought about how this could lead to other types of identity theft but it makes total sense. The scammers already have some of my info if they're targeting me specifically. I'm definitely going to set that up today along with calling the fraud hotline. Thanks for putting together such a comprehensive list - this thread has been a lifesaver!

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This whole thread has been incredibly helpful! I work in banking and we've been seeing a massive uptick in unemployment-related identity theft cases over the past year. A few additional tips from what I've observed: 1) If scammers have filed a fraudulent claim in your name, you might start receiving unexpected 1099-G tax forms in January showing unemployment income you never received - definitely contest these with the IRS immediately, 2) Sometimes the first sign isn't even an email but rather your employer getting contacted by DOL to verify your employment status, so give your HR department a heads up about potential fraud, and 3) Consider setting up a my Social Security account at ssa.gov to monitor for any suspicious activity there too, since unemployment fraud often goes hand-in-hand with Social Security fraud. The good news is that once you report it and get through to the right people, NYS DOL has gotten much better at flagging and preventing further fraudulent activity on your SSN. Just be persistent with those phone calls and document everything!

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This is such valuable insight from someone working in banking! I had no idea about the 1099-G forms potentially showing up - that's definitely something I'll need to watch out for come tax season. The tip about alerting HR is really smart too, I never would have thought about my employer potentially being contacted. I'm going to call them tomorrow to give them a heads up just in case. It's actually somewhat reassuring to hear that DOL has gotten better at handling these cases once you get through to the right people. I've been dreading making those phone calls but knowing there's light at the end of the tunnel makes it feel less overwhelming. Thanks for sharing your professional perspective - it really helps to understand the bigger picture of how these scams work!

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