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I went through this exact same panic about 8 months ago when I discovered I had been reporting my part-time restaurant shifts incorrectly for about 6 weeks. I was absolutely terrified and convinced I was going to be arrested. After finally calling the NYS DOL (took me weeks to work up the courage), I found out I owed back about $920 in overpayments. They set me up on a payment plan for $80/month and there were no criminal charges whatsoever. The woman I spoke with was actually really kind and said that reporting errors happen all the time, especially with people who have irregular work schedules. She explained that they only pursue criminal cases when there's obvious intent to defraud - like people who work full-time and never report any of it, or systematic schemes involving fake identities. The fact that you're worried about this and asking questions shows you weren't trying to scam anyone. I know the anxiety is brutal, but in my experience the reality was so much less scary than what I had built up in my head.
Thank you so much for sharing your experience with the restaurant shifts - that sounds exactly like my situation! I've been working myself up into a complete panic thinking I was going to end up with a criminal record over what were honestly just mistakes in how I reported my work hours. Hearing that you got through it with just an $80/month payment plan and no criminal charges is such a huge relief. The part about them understanding that reporting errors happen with irregular schedules really resonates with me because that's exactly what I was struggling with. I think I'm finally ready to make that call instead of continuing to torture myself with worst-case scenarios. Your story gives me hope that this nightmare in my head might actually have a reasonable solution.
I can really relate to your anxiety - I was in almost the identical situation about 4 months ago when I realized I had been reporting my gig work earnings incorrectly while collecting unemployment. I was absolutely convinced I was going to jail and barely slept for weeks. After finally gathering the courage to contact NYS DOL directly, I discovered I had an overpayment of around $1,100. They were surprisingly understanding when I explained it was genuine confusion about how to report inconsistent income from delivery apps. I'm now on a $90/month repayment plan with no criminal charges or legal consequences whatsoever. The caseworker actually told me that honest reporting mistakes are incredibly common and they see the difference between people who are genuinely confused versus those who are intentionally trying to defraud the system. She said criminal prosecutions are typically reserved for cases involving thousands of dollars, systematic fraud, or identity theft - not people who made good faith errors. The relief I felt after that conversation was incredible. Sometimes facing the problem head-on is so much less scary than the scenarios we create in our minds.
Your story about the gig work reporting issues really resonates with me - that's almost exactly my situation too! I've been doing delivery work on and off while collecting benefits and I'm pretty sure I messed up how I reported some of those earnings. The fact that you were able to resolve your $1,100 overpayment with just a $90/month plan and no criminal consequences gives me so much hope. I've been absolutely terrified that I was going to end up with a criminal record over what I know were honest mistakes. It's such a relief to hear from someone who went through the same panic and came out the other side with a manageable solution. Thank you for sharing your experience - I think I'm finally ready to stop torturing myself with anxiety and actually call them to sort this out properly.
I'm in a similar boat at week 19 and this thread is really helpful! Just want to add that I found out you can actually see your exact benefit year end date and remaining weeks when you log into your my.ny.gov account under the "View Benefit Payments" section. It shows both your monetary balance AND your week counter, which cleared up the confusion I had about whether it's the money or the weeks that matter (it's the weeks). Also, for anyone struggling with the phone system, I've had better luck calling right at 8am when they open or during lunch time around 12:30-1pm. Still takes forever but at least I don't get the busy signal immediately.
This is super helpful Jackie! I didn't know about the "View Benefit Payments" section showing the week counter - I've been obsessing over just the dollar amount. Going to check that out right now. And thanks for the phone tips too, I've been calling at random times and always getting busy signals. Really appreciate you sharing the specific times that work better!
Just wanted to share my experience since I went through this exact situation last year. Hit my 26 week limit in March 2024 and benefits stopped even though I still had like $800 left in my monetary balance. That was confusing at first but the 26 week rule is firm. After my benefit year ended (the full 52 weeks from when I first filed), I was able to file a new claim since I had worked part-time for a few months and earned enough wages to qualify again. The waiting period for the new claim was shorter than my original application too. Don't panic when you hit week 26 - start planning for other income sources or assistance programs, and keep track of any work you do because it might help you qualify for a new claim later. The job market has been tough but there are resources out there if you know where to look.
Thank you so much for sharing your real experience Ava! This is exactly what I needed to hear. I'm at week 20 now and have been stressing about that $800+ still sitting in my balance - I had no idea it would just disappear when I hit 26 weeks. Really helpful to know that you were able to file a new claim after your benefit year ended too. Can I ask what kind of part-time work you did and roughly how much you needed to earn to qualify for the new claim? I'm wondering if I should start looking for some temporary work now even if it's just a few hours a week to build up wages for a potential future claim.
The key thing to remember is that PFL and unemployment serve different purposes under NYS Department of Labor rules. PFL is administered through your employer's insurance carrier, while unemployment is directly through NYS Department of Labor. Make sure you understand which benefit better fits your current needs before making the switch.
I'm dealing with a similar situation right now. From what I've learned, you definitely need to be strategic about timing. Since you're already on unemployment, you might want to calculate whether PFL would provide better financial support for your family caregiving period. PFL typically pays about 67% of your average weekly wage (up to a cap), while unemployment varies. Also consider that PFL has a maximum duration of 12 weeks per benefit year, so you'll want to make sure that timeframe aligns with your mom's care needs. It's worth calling both programs to get exact figures for your situation before making the switch.
This is really helpful advice about comparing the financial benefits! I hadn't thought about calculating which one would actually pay more. Do you know if there's a waiting period when switching from unemployment to PFL, or can you start PFL benefits right away once you suspend your unemployment claim? I'm worried about having a gap in income while caring for my mom.
The whole unemployment tax thing is so confusing. I thought government benefits weren't supposed to be taxed? Like why do they give you money and then want some back??
Just wanted to add that you can also make estimated quarterly tax payments if you're worried about owing too much at the end of the year. Since you mentioned receiving about $8,000 in benefits, you might owe around $800-1,200 in federal taxes (depending on your tax bracket) plus whatever NY state taxes apply. If you're still collecting, definitely turn on the 10% federal withholding ASAP. And don't stress too much - this catches a lot of people off guard their first time dealing with unemployment taxes!
This is really helpful - I had no idea about the quarterly payment option! Since I'm about 4 months into collecting, would it make sense to make a quarterly payment now for what I've already received, or should I just turn on withholding going forward and deal with the tax bill when I file? Also, is there a penalty for not having taxes withheld from the beginning?
Amina Sy
I feel your pain! I had the same issue a few months ago and was getting nowhere with the regular phone lines. What finally saved me was contacting my local assemblyperson's office - they have a constituent services department that can sometimes help expedite unemployment issues. I called my assembly member's district office, explained the situation, and they were able to reach out to the DOL on my behalf. Got a call back from a DOL supervisor within 3 days and my payment hold was resolved that same week. You can find your assemblyperson here: https://nyassembly.gov/mem/search/ Worth a shot while you're also trying the phone strategies others mentioned. Sometimes going through an elected official's office gets better results than the regular channels. Make sure to mention that your employer is contesting and you need to provide your side of the story about the hour reduction - that shows it's not just a routine inquiry.
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Christopher Morgan
•This is brilliant advice! I never thought about contacting my assemblyperson's office. It makes sense that they would have more direct channels to the DOL. I'm definitely going to try this alongside all the phone strategies everyone has shared. Having someone advocate on your behalf when you're dealing with a contested claim seems like it could really make a difference. Thank you for sharing this - and for including the link to find my assemblyperson!
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JacksonHarris
I'm dealing with a similar situation right now - my claim has been pending for 3 weeks after my employer disputed it. Based on all the advice here, I'm going to try a combination approach: calling at 8:05am on Wednesday using the "technical support" option, and if that doesn't work within a few days, I'll contact my assemblyperson's office. For anyone else reading this thread later, it seems like the key strategies are: - Call at off-peak times (8:03-8:05am, Tuesday/Wednesday, or 1:15pm) - Try different menu options ("technical support" vs "claim status") - Use registered phone number - Have all documentation ready - Consider Claimyr service as backup - Contact assemblyperson's office for contested claims Alice, I hope you get through soon - the reduced hours situation should definitely qualify you for benefits under constructive discharge rules once you can explain it to someone. Keep us posted on what works!
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Aisha Ali
•This is such a helpful summary of all the strategies! I'm saving this list. It's crazy that we need this many workarounds just to reach someone who can help with our legitimate claims. I've been following this thread since Alice posted and it's both frustrating and reassuring to see how many people are dealing with the same issues. The assemblyperson contact idea seems especially smart for contested claims where you really need to speak to someone who understands the nuances. Thanks for organizing all this advice in one place - definitely going to bookmark this for future reference!
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