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just be honest about everything and you'll be fine, the system is set up to catch people who try to cheat but if you report your work they usually just reduce your benefits for that week
Just to add to what others have said - NYS Department of Labor also receives data from the State Directory of New Hires, which employers must report to within 20 days of hiring someone. They also do periodic cross-matches with Social Security Administration records and state tax databases. The bottom line is they have multiple ways to detect unreported work, so transparency is definitely your best policy. When you certify for benefits each week, report ANY work you did during that week, even if it was just a few hours or you haven't been paid yet. It's much better to have your benefits reduced correctly than to face fraud charges later.
I'm so sorry this happened to you! As someone who went through a similar identity theft situation (not unemployment related but still scary), I wanted to add that you should also consider filing a report with the Federal Trade Commission at IdentityTheft.gov. They'll create a personalized recovery plan and give you an affidavit that can be helpful when dealing with NYS Department of Labor and other agencies. Also, keep detailed records of every phone call, email, and document - write down names, dates, reference numbers, everything. It might seem excessive now but it really helps if you need to escalate or if there are any lingering issues later. The good news is that you caught this early and everyone here is giving you solid advice. You've got this!
This is such comprehensive advice, thank you! I hadn't heard of IdentityTheft.gov before but that sounds really useful for creating a paper trail. You're absolutely right about keeping detailed records - I've already started a spreadsheet with all the phone numbers and reference numbers people have shared here. It's overwhelming but knowing that others have gotten through this successfully is really reassuring. I'm calling the fraud hotline first thing tomorrow morning and will definitely check out that FTC site too. Thanks for taking the time to share your experience!
This is such a comprehensive thread with so much helpful advice! I wanted to add one more thing that might be useful - if you have trouble remembering all the steps, the NYS Department of Labor actually has a specific fraud checklist on their website that walks you through exactly what to do. Also, once you get this resolved, consider signing up for their text alerts so you'll be notified immediately if anyone tries to file a claim under your SSN in the future. It's a free service that can give you peace of mind. The fact that you caught this so quickly and are taking action right away puts you in a really good position to get it sorted out without major complications. Wishing you the best with getting this resolved!
Wait, I'm confused now. I thought if you worked ANY hours you couldn't claim that week? I've been skipping my weekly claims whenever I pick up shifts at my retail job. Have I been losing money I was entitled to?
I went through something similar and had to learn the hard way that NYS allows part-time work while collecting unemployment - it's actually encouraged! The key things to remember: 1) You must work less than 4 days per week, 2) You must report ALL earnings and hours worked on your weekly claim, and 3) Your benefits get reduced based on a formula, but you don't lose eligibility entirely. I was terrified I'd committed fraud too, but as long as you're honest on your weekly certifications, you're following the rules. The Department of Labor website has a worksheet that shows exactly how they calculate partial benefits - it helped me understand that working part-time wasn't cheating the system, it was exactly what they expect people to do while job searching.
Good luck! These hearings are stressful but totally winnable if you have your documentation together.
I just went through this process a few months ago and won my case! Here's what really helped me: 1) Practice explaining your case out loud beforehand - you'll be nervous and it helps to have rehearsed your key points. 2) Have a simple outline written down with your main arguments and the order you want to present them. 3) When they ask about the "misconduct," focus on the specific policy they claim you violated and whether you actually received proper training or warning about it. 4) Most importantly for retaliation cases - be very clear about the exact dates. When did you file the safety complaint vs when did disciplinary actions start? That timeline gap is crucial evidence. The hearing officers are actually pretty fair in my experience, they just want to understand what really happened.
This is incredibly helpful advice, thank you! I'm definitely going to practice explaining my case out loud - you're right that nerves will probably make me stumble over my words. Quick question about the timeline: my safety complaint was filed on March 15th and they started giving me "performance issues" write-ups starting March 22nd, then terminated me April 3rd. Does that one week gap seem like strong evidence of retaliation? Also, did you have a lawyer or represent yourself?
Lucas Parker
Just to be super clear - you earned these benefits through your work history. Your employer paid unemployment insurance taxes specifically for this purpose. Don't let anyone make you feel guilty about using a system you paid into!
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Yara Sabbagh
Your coworker is definitely wrong - unemployment benefits are not a loan at all! I went through the same situation a few years ago and was worried about the same thing. The benefits are funded by employer contributions to the unemployment insurance system, so you've essentially already "paid" for them through your work history. The only time you'd need to pay anything back is if there was an error (like getting benefits you weren't entitled to), but that's not the normal situation. You're dealing with enough stress from being laid off - don't let misinformation add to your worries. Just focus on your job search and filing your weekly claims correctly.
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