I went through something similar a couple years ago - owed about $1,500 in overpayment. The key thing is to act quickly since you still have time to appeal. Gather whatever documentation you have - even partial records are better than nothing. Bank deposits, PayPal records, email confirmations from clients, anything that shows when you actually received payment vs when you worked. The appeals process takes a while but it's worth it if you think there's an error. In my case, I was able to prove the timing was different than what they calculated and got the overpayment reduced by about 40%. Even if you can't eliminate it completely, you might be able to reduce the amount owed.

I'm dealing with a similar situation right now - got hit with an overpayment notice for $3,200. From what I've learned, the most important thing is to not ignore it. Even if you end up owing the money, they're much more willing to work with you on payment plans if you're proactive about contacting them. I'd definitely recommend appealing if you think there's any chance the calculation is wrong. The worst case is they uphold the decision, but at least you'll have tried. And yes, they can garnish wages and take tax refunds, but they usually give you a chance to set up a payment plan first if you reach out to them.

I'm going through the exact same thing! Just got my monetary determination letter yesterday showing $448/week but that confusing disclaimer made me panic thinking I did something wrong with my application. After reading through everyone's responses here, I feel so much better knowing this is just the standard first step. I was laid off from my nursing job when our hospital unit got restructured, so hopefully that's straightforward enough for quick approval. The waiting is definitely stressful when you're counting every dollar, but I'll keep doing my weekly certifications and try to stay patient. This thread is honestly more helpful than spending hours on the NY DOL website trying to figure out what's happening. Thanks for asking this question - it's clear so many of us are in the same boat!

Just went through this whole process myself! That monetary determination letter is basically them saying "here's what we calculated you'd get based on your work history, BUT we still need to decide if you actually qualify." It's like getting a pre-approval letter - shows the amount but not the final decision. I was laid off from my accounting firm due to downsizing and got my monetary letter in December showing $412/week. The waiting after that was brutal - took almost 4 weeks to get my actual eligibility decision. But since you were laid off due to budget cuts with employer confirmation, that's about as straightforward as it gets for approval. Keep doing those weekly certifications religiously even though you're not getting paid yet - that backpay will come through when you're approved. The NY unemployment system is designed to confuse people, but your situation sounds very similar to mine and I ended up getting approved with full backpay. Hang in there!

One thing to keep in mind is that your unemployment benefits will be taxable income when you file your taxes next year, even though they're based on gross wages. So you might want to consider having taxes withheld from your weekly payments to avoid owing money later.

This is really helpful information everyone! I'm in a similar situation and was also confused about the gross vs net distinction. @Liam Fitzgerald - with your $52k gross income, you should be looking at a decent weekly benefit amount since NYS caps out at $504/week maximum. The formula is roughly 50% of your average weekly wage during your highest earning quarter in the base period, so you'll want to look at your quarterly earnings to get a better estimate of what to expect.

File right away! My sister's company closed and she waited thinking she needed to figure everything out first. Big mistake - you can't get benefits for weeks you don't file even if you're eligible.

So sorry to hear about your company closure - that's really stressful! I just wanted to add that when you file your claim, make sure to keep copies of everything your employer gives you about the closure (any letters, emails, final paystubs, etc.). Even though the company won't be around to respond to requests, having this documentation can help speed up your claim processing. Also, if your company is offering any severance or paying out vacation time, that might affect when your benefits start, so be sure to report those payments accurately. You've got this - unemployment benefits exist exactly for situations like yours!

wait so if im on FMLA but not getting paid can i file for unemployment? my situation is different but similar

I work for a workers' compensation attorney and see this situation frequently. Since you mentioned this was a work-related injury, you should definitely look into filing a workers' compensation claim if you haven't already. Workers' comp can provide additional benefits beyond short-term disability and may cover more of your lost wages. You might also be entitled to temporary total disability payments through workers' comp, which could be higher than your current 60%. The key is that workers' comp and disability benefits can sometimes be coordinated, and there may be legal protections for your job once you're ready to return. I'd strongly recommend consulting with a workers' comp attorney - most offer free consultations for work injuries.