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Just went through this exact situation! You're right that with 24 hours you'd get 25% of your weekly benefit rate. The $504 rule applies to what you earn during your reduced work week - so if you're making less than $504 gross per week at your current 3-day schedule, you should qualify. I'd recommend applying ASAP and certifying every week even while you're figuring it out. The system takes forever to process so better to get in the queue early. Also keep detailed records of your hours and pay stubs - they'll ask for everything when you file.
You need to act fast because once they start garnishing, it's harder to stop. Submit Form IA 735.1 to request a hearing about the overpayment. Also complete the financial hardship affidavit if the garnishment is causing you to not be able to pay for basic necessities. Make sure to include documentation of your monthly expenses.
Thank you! Do you know where I can find these forms? I've been looking on the NYS Department of Labor website but it's so confusing.
The forms should be in the overpayment section under 'Appeals' on the NYS DOL website. If you can't find them there, you can request them when you call the overpayment unit directly.
I went through something similar last year. The key is to document everything and act quickly. First, request all records related to your case - they have to provide them under FOIL (Freedom of Information Law). This will show you exactly what notices they claim to have sent and when. Second, if you're facing financial hardship, you can request a waiver or reduction of the garnishment amount. I was able to get mine reduced from 15% to 5% by showing my monthly budget and proving the garnishment was preventing me from paying for basic necessities like rent and utilities. Don't give up - the system is designed to be overwhelming but you do have rights.
This is really helpful advice about using FOIL to get your records! I had no idea you could request all the documentation they have on your case. How long did it take for them to provide the records when you requested them? And when you applied for the garnishment reduction, did you have to go through a formal hearing process or was it something they could approve administratively? I'm definitely going to try this approach since the 15% they're taking is making it impossible to cover my basic expenses.
UPDATE: You guys were right!! I finally got through to NYSDOL using Claimyr (took about 25 minutes to get an agent) and they confirmed exactly what happened. There was a processing error between the Treasury Department and NYSDOL where some stimulus payments were incorrectly sent through the unemployment system to people who weren't eligible. When the error was caught, they reversed the payments but didn't notify anyone. The agent was super helpful and is sending me a formal letter explaining the error that I can take to my bank. She also gave me a special reference number to provide to the IRS if I need to follow up with them. She said they're working on a mass communication to everyone affected, but that could take weeks. Thank you all for your help! I'm relieved to finally understand what happened, though still annoyed about the overdraft fees. Going to my bank tomorrow with the case info.
So glad you got it resolved! This is exactly why I always recommend going directly to the source agency rather than getting stuck in the endless phone tag between different departments. Make sure to ask your bank to waive all the overdraft fees since you now have official documentation that this was a government error. Most banks will reverse fees in situations like this, especially when you have formal proof it wasn't your fault. Keep us posted on how it goes!
Wow, this whole situation is such a mess! I'm glad you finally got some answers through NYSDOL. It's crazy how these system errors can cause so much stress and financial hardship for regular people just trying to get by. I've been dealing with a similar payment mix-up (though not as severe as yours) and this thread has been incredibly helpful. The advice about taking screenshots of everything and asking for ACH transaction reports is gold - I had no idea these were different from regular statements. Really hope your bank cooperates and reverses those overdraft fees since you now have official documentation that it was their mistake. Thanks for keeping us updated on your progress!
you need to call this number: 1-833-925-9808 - it's a special direct line for KeyBank unemployment card issues. It's not the same as the number on the back of the card. They answer quicker and can pull up a full history.
I had this exact same problem last month! What worked for me was calling that KeyBank number (866-295-2955) early in the morning around 8am - way less hold time. When you get through, specifically ask them to read you ALL transactions for the date range you need, including any fees or adjustments. Write everything down because they won't email it to you. Also ask them to explain any codes or abbreviations they mention - some deposits show up weird like "ACH CREDIT NYS DOL" or something confusing. If there's still a discrepancy after getting the full history, then you know it's a DOL issue and not just missing transaction info. The $380 difference sounds like it could be multiple small fees adding up, but definitely get that full breakdown first before assuming anything.
Great advice about calling early! I never thought about the timing mattering so much. Quick question - when they read you the transactions, do they also tell you the exact amounts for each deposit? I'm wondering if I can cross-reference what they say with my weekly benefit amounts to see if something got shorted.
Katherine Ziminski
I'm in a similar situation and just wanted to add - make sure you keep copies of everything when you file your appeal. I learned the hard way that NYS Department of Labor sometimes "loses" paperwork. Also, if you do get a hearing scheduled, don't be intimidated if your former employer shows up with a lawyer or HR rep. The hearing officer is supposed to be neutral and will listen to both sides. Focus on the facts and stay calm. Good luck with your appeal!
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Freya Christensen
•This is really helpful advice about keeping copies! I didn't even think about them potentially losing documents. Did you end up winning your appeal? I'm nervous about the whole process but reading everyone's experiences here is making me feel more confident about moving forward.
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Mei Chen
I went through the exact same thing last year and won my appeal! The key is to focus on the fact that attendance issues due to medical reasons are NOT misconduct. Make sure you gather all your medical documentation, doctor's notes, and any communication you had with your employer about your medical situation. The appeal hearing is actually pretty straightforward - it's usually done over the phone and the hearing officer will ask both you and your employer questions. Don't let them intimidate you into thinking it's hopeless. NYS Department of Labor has to prove you WILLFULLY violated company policy, and needing medical care isn't willful misconduct. File that appeal ASAP and don't give up!
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