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I'm also a teacher in NY and went through this exact situation when I first started teaching. The reasonable assurance rule is definitely frustrating, but there's one scenario that might apply to some teachers - if you're on a temporary or substitute contract rather than a permanent position. I had a friend who was able to collect unemployment between her long-term sub positions because she didn't have that "reasonable assurance" of returning to the same job. Also, if you're looking for summer income, many districts hire teachers for summer programs, ESY (Extended School Year), or summer school positions. The pay isn't great but it's something. Some teachers also do test prep tutoring or work at educational summer camps. It's worth checking with your union rep too - they usually have good information about what options are available in your specific district.
That's a great point about substitute positions! I'm curious about the summer school angle - if a teacher works summer school for their own district, does that affect their eligibility for unemployment in future summers? Like, would the NYS Department of Labor consider that as strengthening the "reasonable assurance" argument even more? Also, do you know if there are any differences between working summer programs within your home district versus taking a summer position in a completely different district?
I'm a former NYS Department of Labor employee and can confirm what others have said about the reasonable assurance rule. It's codified in NY Labor Law Section 590.11 and is pretty strictly enforced for school employees. The key factor is whether you have a contract or written agreement to return to work in the fall. Even if your salary is spread over 12 months instead of 10, you're still considered to have reasonable assurance. One thing I haven't seen mentioned yet - if you're a probationary teacher and there's genuine uncertainty about your job security for the next year, that could potentially affect your eligibility. But you'd need documentation showing the uncertainty isn't just routine evaluation but actual doubt about contract renewal. The burden of proof would be on you to show the assurance isn't "reasonable." For most tenured or continuing contract teachers though, summer unemployment just isn't going to happen under current NY law.
Thanks for that detailed legal breakdown! As someone new to this situation, I'm wondering - what exactly constitutes "documentation showing uncertainty" for probationary teachers? Would something like a performance improvement plan or concerns raised during evaluations be enough, or does it need to be more explicit like a notice that contract renewal is in question? Also, you mentioned NY Labor Law Section 590.11 - is that something regular people can access online to read the exact language, or do you need to go through legal databases?
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Wow, what a nightmare with their notification system! I'm dealing with something similar right now - got an "offset" notice but no explanation. Quick question for everyone: has anyone tried disputing an offset when the employer dates were wrong? I'm wondering if it's worth the hassle to appeal or if they usually just stick with their original decision. Also, does anyone know if there's a way to get those missing notifications resent? Seems like a lot of us aren't getting proper notice before they start taking money.
@Victoria Scott I haven t'personally dealt with disputing an offset, but based on what I ve'seen in this thread, it seems like it might be worth appealing if you have documentation showing the employer dates were wrong. @Molly Hansen mentioned you have 30 days from the notice date to request a hearing. As for getting missing notifications resent - that s a'great question! Maybe try calling and specifically asking them to resend any notices to both your online inbox AND by mail? It s ridiculous'how many people seem to be missing these important notifications before money gets taken out.
@Victoria Scott I successfully disputed a similar offset last year when my employer reported incorrect separation dates. It took about 6 weeks total but I got the money back once I provided my final paystub and a letter from HR confirming my actual last day. The key is having documentation - save any emails, paystubs, or written communication about your work dates. As for notifications, when I called they were able to resend everything to both my online account and by mail. Definitely worth pursuing if you have proof the dates are wrong!
Just wanted to add my experience for anyone else dealing with this - I had a similar "offset" situation last year where they took money without proper notification. What really helped me was keeping detailed records of everything: screenshots of my payment history showing the offset, documentation that I never received notices in my online inbox or mail, and any communication with employers about work dates. When I finally got through to speak with someone, having all this organized made the conversation much more productive. They were able to see exactly when the notices were supposedly sent versus when I actually received them (or didn't). Also, don't give up on calling - I know it's frustrating, but sometimes you get lucky and get through on the first try. The early morning hours (right when they open) and late afternoon seemed to work better for me.
This is such helpful advice @Giovanni Mancini! I'm new to dealing with unemployment issues and this whole thread has been eye-opening about how common these notification problems seem to be. The idea of keeping screenshots and detailed records makes total sense - especially since it sounds like the DOL's system isn't very reliable when it comes to actually delivering notices. Quick question: when you say early morning worked better for calling, what time exactly did you try? I'm dreading having to spend hours trying to get through to someone but it seems like that might be my only option if something like this happens to me.
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omg same thing happened to me last month!! i was so worried they would cut off my benefits but everything was fine. just keep filing your weekly claims like normal
Just wanted to add that if you're selected for a longer trial (like 2+ weeks), you might want to proactively reach out to NYS DOL to document the situation. While jury duty won't disqualify you from benefits, having a paper trail can be helpful if any questions come up later. Also, remember that you'll still need to be actively searching for work on days you're not in court, so keep track of your job search activities for your weekly certification.
That's really good advice about keeping a paper trail for longer trials. I'm hoping mine won't go that long but it's smart to be prepared. One question though - if I'm in court all day, how am I supposed to do job search activities? Are there any exceptions for the work search requirement during jury duty, or do I need to squeeze in applications before/after court hours?
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Just be really careful about this. I know someone who got in trouble for not reporting DoorDash earnings properly and had to pay back benefits plus penalties. The NYS Department of Labor has access to a lot of income data and they WILL find out if you don't report gig work. Better to be overly cautious than deal with an overpayment investigation later.
That's exactly what I'm worried about! Do they automatically see DoorDash income or only if they audit you?
The NYS Department of Labor has access to various income databases and can cross-reference 1099 income during routine claim reviews. It's not worth the risk - always report all gig work earnings honestly and completely.
I've been doing DoorDash while on unemployment in NY for about 3 months now. One thing I learned the hard way is to keep really detailed records of when you work vs when you get paid. DoorDash sometimes has payment delays or splits earnings across multiple deposits, but you always report based on the week you actually did the deliveries. I use a simple spreadsheet to track my daily earnings and hours worked so I can accurately fill out my weekly certifications. Also heads up - during busy weeks I sometimes hit the point where my DoorDash earnings reduce my unemployment check significantly, but it's still worth it overall for the extra income. Just make sure you're still meeting your job search requirements since that's still the main condition for collecting benefits.
This is really helpful advice about keeping detailed records! I'm just starting to think about doing DoorDash and hadn't considered the timing issue between when you work vs when you get paid. Do you use any specific app or just a basic spreadsheet to track your deliveries? Also wondering - when you say you sometimes hit the point where earnings reduce your unemployment check significantly, is there a threshold where it's not worth doing the gig work anymore that week?
Anastasia Popov
I'm dealing with this exact same situation right now and feeling so relieved to have found this thread! Just got my overpayment notice 3 days ago for $3,200 and I've been stressed out of my mind. Like so many others here, I didn't get an appeal form with my notice either, which now seems to be a pretty common issue. Reading through everyone's experiences has been incredibly helpful - I had no idea there were options like waivers or that you could request all their documentation to review for errors. I'm definitely going to call tomorrow to request the appeal form and a complete breakdown of their calculation. One thing I'm wondering about - for those who found errors in the state's records, what were the most common types of mistakes you discovered? I'm trying to figure out what to look for when I get my documentation. Also, has anyone had luck getting through to them earlier in the morning, or is it pretty much a long wait no matter what time you call? Thank you all for sharing your stories - knowing that so many people have successfully challenged these overpayments gives me hope that I can figure this out too!
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Aisha Mohammed
•I'm in the exact same boat - just got my notice 2 days ago for $1,950 and found this thread while searching for help online. From what I've read through everyone's experiences, the most common errors people found were: incorrect wage records from employers, duplicate benefit weeks being counted, and wages being attributed to the wrong time periods. A few people also mentioned finding their SSN mixed up with someone else's records, which is pretty scary! As for calling times, it seems like most people had better luck calling right when they open (usually 8 AM) rather than later in the day. I'm planning to call tomorrow morning too - maybe we can both share how our calls go? This whole situation is so overwhelming but reading everyone's success stories definitely makes it feel more manageable. Good luck with your call!
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Abby Marshall
I'm going through this exact situation right now - just received my overpayment notice yesterday for $1,800 and I've been really stressed about it until I found this thread. Reading everyone's experiences has been incredibly reassuring! Like many others, I also didn't receive an appeal form with my notice, which seems to be a common issue. I'm definitely calling tomorrow morning to request both the appeal form and all their documentation. One thing I'm curious about - for those who successfully got their overpayments reduced or eliminated, how important was it to have kept detailed records from when you were originally filing your claims? I have some of my weekly certification confirmations saved, but I'm worried I don't have everything I might need. Also, has anyone dealt with overpayments that were allegedly due to "failure to report work" when you're pretty sure you reported everything correctly? That's what my notice says, but I remember being very careful about reporting my part-time work during that period. Thank you all for sharing your stories - it gives me hope that this can be resolved!
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Maya Patel
•I'm so glad you found this thread too! It's been such a relief to see that so many people are going through similar situations and that there are actually ways to fight these overpayments. Regarding your questions - from what I've read through everyone's experiences, having those weekly certification confirmations you saved could be really valuable, especially if your overpayment is related to "failure to report work." Even if you don't have everything, it sounds like the key is to request all their documentation first to see exactly what they're basing their decision on. Several people here found errors in the state's records that way. The "failure to report work" issue seems pretty common based on other comments - it might be worth checking if there were any employer reporting delays or discrepancies that got processed months later, which seems to happen frequently. I'm planning to call tomorrow morning too, so maybe we can compare notes on how our calls go! Good luck with everything!
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