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Your boss sounds like a real piece of work. The whole point of unemployment insurance is to help workers when they lose their jobs. Don't let him intimidate you - file your claim if you get laid off and let NYS Department of Labor sort out whether it's valid or not.
File anyway if it happens. I've been laid off twice and filed both times. First time my employer tried to fight it but I still got my benefits because the layoff wasn't my fault.
You'll need your IRS tax account transcript showing the Treasury Offset Program (TOP) entry, plus any correspondence from the Bureau of Fiscal Service about the offset. NYS Department of Labor has a specific process for crediting these payments but it's not automatic. Call their overpayment unit directly rather than the general number.
Good luck getting through to anyone at NYS Department of Labor though. I've been trying to call for weeks about my own overpayment issue and can never get past the busy signal. It's ridiculous that they can threaten collections but won't answer their phones.
If you're having trouble reaching NYS Department of Labor agents, I used a service called Claimyr (claimyr.com) that actually got me through to someone within a day. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Was a lifesaver when I needed to resolve my adjudication issue and couldn't get through the regular way.
This whole system is broken. They're quick to demand money back but can't even properly track when you've already paid it. Meanwhile regular people get harassed by collection agencies while the state sits on billions in improper payments they'll never recover.
THE 26 WEEKS IS A JOKE!! I burned through mine in 2023 and STILL couldn't find anything decent in my field. The NYS Department of Labor acts like 6 months is plenty of time but try finding a good job when you're over 50! And don't get me started on their stupid job search requirements - half the jobs posted online are fake anyway but you still have to apply to meet their quotas.
If you're having trouble getting through to NYS Department of Labor to ask questions about the appeal process, I recently found this service called Claimyr that helped me reach an actual agent. They have a website at claimyr.com and there's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. I was getting nowhere trying to call on my own but this got me connected within a few hours. Might be worth checking out since time is important with the 30-day appeal deadline.
Yara Nassar
Don't forget about the work search requirements! You need to make at least 3 work search contacts per week and keep detailed records. NYS Department of Labor can audit your job search log at any time. This includes applying for jobs, contacting employers directly, attending job fairs, or networking activities. Missing this requirement can get your benefits stopped.
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Keisha Robinson
basically if youre not working full time and its not your fault you probably qualify. just make sure you file your weekly claims on time and report any work you do
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