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You should be able to request a detailed breakdown of the overpayment calculation. Sometimes these happen because of delays in processing employer wage reports, or if there was confusion about your job search activities during certain weeks. The key is to respond promptly and either set up repayment or file an appeal if you believe the determination is incorrect. They can't garnish wages or offset tax refunds until they go through proper legal procedures, which gives you time to work things out.
I went through this exact same situation about 6 months ago and understand how overwhelming it feels. Here's what worked for me: First, call the overpayment unit directly (not the general unemployment line) - the number should be on your notice. If you can't get through, try calling right when they open at 8am. Second, ask for a "waiver of recovery" form if the overpayment wasn't due to fraud on your part - sometimes they'll waive collection if it was their error or due to circumstances beyond your control. Third, if you do owe the money, they're usually very reasonable about payment plans. I set up a $100/month plan and they didn't charge interest. Don't let this stress consume you - there are definitely solutions available.
This is really helpful advice! I didn't know there was a separate overpayment unit number - I'll definitely try calling them at 8am. The waiver of recovery option sounds promising too since I really don't think I did anything wrong on my end. Did you have to provide any specific documentation when you requested the waiver, or was it just a matter of filling out their form?
I work for a local nonprofit that helps people navigate unemployment claims, and I can confirm that NYS considers transfer distance and associated costs when evaluating eligibility. The 90-mile distance you mentioned definitely falls into the "unreasonable" category. When you document your case, include not just the mileage but also the time impact - 3+ hours of daily commuting can affect your ability to maintain work-life balance and may even create safety concerns from driver fatigue. Also consider mentioning if the transfer would impact any professional development opportunities or career advancement you'd lose by leaving your current role. The state recognizes that employees shouldn't have to choose between financial hardship and keeping their job when employers make unilateral changes to working conditions.
This is such valuable insight from someone who actually works in this field! I really appreciate the point about safety concerns from driver fatigue - that's something I hadn't even considered but it's so true. After a long day at work, having to drive 1.5+ hours home could definitely be dangerous, especially in winter weather. The work-life balance aspect is huge too. I'd basically have no time with my family during the week. Thank you for confirming that 90 miles is definitely in the unreasonable category - it makes me feel more confident about refusing this transfer.
I'm new to this community but going through a similar situation right now. My employer just told me they want to transfer me 75 miles away and I'm panicking about what to do. Reading through all these responses is so helpful - I had no idea that NYS DOL actually considers commute distance when evaluating unemployment claims. The advice about documenting everything and calculating the true costs (including car maintenance) is really smart. Does anyone know if there's a specific form or way I should submit my refusal in writing to my employer to make sure I have proper documentation for my unemployment application?
Just wanted to say hang in there! I know how stressful this is when you're counting on those benefits. The appeal process gave me so much anxiety but it worked out in the end.
I'm dealing with a similar situation right now - my claim was also denied for "misconduct" when I was actually part of company-wide layoffs. It's so frustrating when you know the employer gave false information. I've been gathering all my documentation including the WARN notice our company filed and emails about the restructuring. One thing I learned is to also request your personnel file from HR if you haven't already - sometimes there are notes or memos in there that can help prove it was a layoff and not misconduct. The 30-day deadline to appeal is really important so don't wait. I'm still in the process but my lawyer friend told me that wrongful denial cases like ours have pretty good success rates at appeal hearings.
That's really helpful advice about requesting the personnel file! I didn't think about that but you're right - there might be internal documentation that proves it was a layoff. Did you have to pay anything to get your personnel file or did they provide it for free? Also wondering if the WARN notice carries a lot of weight in these hearings since it's an official government filing. Thanks for sharing your experience - it's reassuring to know others are going through the same thing and that the success rates are decent for cases like ours.
@Malik Thompson Most employers have to provide your personnel file for free within a reasonable time usually (30 days -) it s'actually required by NY labor law. The WARN notice is definitely strong evidence since it s'a federal requirement for mass layoffs and proves the company was planning workforce reductions. I d'also suggest getting statements from your coworkers who were laid off at the same time - having multiple people confirm it was part of budget cuts really strengthens your case. Document everything with dates and keep copies of all correspondence. The fact that 6 other people were let go with you should make this a pretty straightforward appeal once you get all the evidence together.
If you're having trouble getting through to NYS Department of Labor for claim status updates, I used a service called Claimyr that helped me reach an actual agent when I couldn't get through on my own. They have a website at claimyr.com and there's a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Really saved me hours of trying to call and getting busy signals.
The "processed" status is actually a really positive sign! It means NYS DOL has completed their review of your weekly certification and approved your benefits for that week. You should see the status change to "released" soon, which means the payment has been sent to your bank or debit card. The timing can vary - direct deposit is usually faster (1-2 business days after "released") while the debit card can take a bit longer. Since this is your third week and the process seems to be moving faster than your first two weeks, that's actually a good indicator that your claim is running smoothly now.
This is really helpful to know! I'm actually in a similar situation with my first claim and was wondering about the timeline differences. It's reassuring to hear that the process typically gets faster after the initial weeks. Do you know if there's any way to track when it changes from "processed" to "released" or do you just have to keep checking the portal?
Zoe Kyriakidou
This reminds me of when I first started collecting unemployment and didn't understand any of the different statuses. I remember calling my mom in a panic thinking I did something wrong with my weekly claim lol. The NYS Department of Labor system has so many different status messages that don't really explain what's happening.
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Sofia Ramirez
I've been dealing with NYS unemployment for about 8 months now and "processed pending payment" is actually a good sign - it means your weekly certification went through all the checks and got approved. Usually when I see this status it means the payment will hit my account within 1-2 business days. The delay is typically just their payment processing system catching up. If it's been more than 3 business days though, that's when I'd start to worry and try to contact them.
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Kiara Fisherman
•Thanks Sofia, this is really helpful! It's good to hear from someone with experience navigating the NYS system. I'm on day 2 of seeing this status so hopefully the payment comes through tomorrow. The uncertainty is just nerve-wracking when you're counting on that money. I appreciate you sharing the timeline - knowing 1-2 business days is normal makes me feel a lot better about the situation.
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