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I understand how scary this must be for you. I work in legal aid and see these cases fairly often. For unemployment fraud in NY, the key factors are the amount and intent. Since you mentioned around $800 total, this would likely be classified as a misdemeanor if charges were even filed, which is less common for first-time cases involving smaller amounts and clear willingness to cooperate. The NYS Department of Labor typically prefers to resolve these through repayment agreements rather than criminal prosecution for cases like yours. Make sure to respond to their investigation promptly, be completely transparent about what happened, and emphasize that the underreporting was unintentional. Consider reaching out to your local legal aid society - many offer free consultations for unemployment issues and can help you navigate the response process.
Hey Axel, I know this is incredibly stressful but you're not alone in this. I went through a similar situation about a year ago with NYS Department of Labor over some freelance work I forgot to report properly. The investigation process is scary but they really do distinguish between honest mistakes and intentional fraud. Since your amount was under $1000 and it sounds like genuine oversight rather than deliberate deception, you're much more likely to face an overpayment determination rather than criminal charges. My advice: respond to everything promptly, gather any documentation you have about the work you did, and be completely upfront about the mistake. I ended up having to repay about $600 plus a 15% penalty, but they let me do it in monthly installments over a year. The whole process took about 3 months to resolve. Hang in there - this will get sorted out.
@Connor Byrne Thank you so much for sharing your experience - it really helps to hear from someone who actually went through this. The 15% penalty seems reasonable compared to what I was imagining could happen. Did you have to deal with any employment consequences or does this kind of thing show up on background checks? I m'worried about how this might affect future job prospects even if it gets resolved as an overpayment.
One important thing to note: while your employer doesn't pay 50% of your benefits directly, they DO receive notices about your claim and can contest it. If they believe you shouldn't qualify (if they claim you quit without good cause or were fired for misconduct), they can appeal your claim. That's why it's important to be truthful about your separation reason when you file. The employer can see THAT you filed, just not the exact weekly amount you receive.
Just wanted to add that I went through this same confusion when I first applied! The way unemployment funding works is actually pretty logical once you understand it - think of it like insurance. Employers pay premiums (unemployment taxes) into a big pool, and when people need benefits, they're paid from that pool. Your employer's "premium" might go up if they have a lot of claims, but they're not directly paying your weekly check. It's similar to how car insurance works - you pay premiums, but the insurance company pays claims, not you directly. Hope that helps clarify things!
That's a really good analogy with the car insurance! I never thought about it that way but it makes perfect sense. The employer pays into the system like premiums, and then the state handles paying out claims. That definitely helps me understand why my friend was confused - they probably thought it worked more like worker's compensation where the employer is more directly involved in payments.
I'm dealing with the exact same thing right now! Certified yesterday and nothing in my payment history yet. This is my second week on unemployment and I was starting to think I did something wrong. Reading all these responses is such a relief - sounds like it's just the system being slow to update but payments still go through normally. Really appreciate everyone sharing their experiences, especially the tip about that Claimyr service for when you need to actually call them. The NY unemployment system seems pretty unreliable but at least we're all in this together!
Same boat here! Just started collecting a few weeks ago and this is the first time my payment didn't show up right away. Was definitely panicking this morning but everyone's responses here have been so helpful. It's good to know this is a known issue with their system updates and not something I messed up on my end. Definitely saving that Claimyr link too - sounds like calling NYSDOL directly is a real pain. Thanks for posting this question, it's exactly what I needed to see today!
Just wanted to add my experience - I've been on NY unemployment for about 8 months now and this kind of delay happens pretty regularly, especially after they do system updates. What I've learned is to always screenshot your certification confirmation page right after you submit it. That way you have proof with the confirmation number and timestamp if anything goes wrong. The payments have always come through for me even when the website shows delays, but having that screenshot gives me peace of mind. Also, if you use direct deposit, you can sometimes see the pending deposit in your bank account before it shows up in the NYSDOL system!
That's such a smart tip about screenshotting the confirmation page! I wish I had thought of that yesterday. I do have the confirmation number written down but a screenshot would definitely be better proof. And you're right about checking your bank account - I just looked and there's actually a pending deposit that wasn't there this morning! Thanks for the reassurance that the payments always come through even when their website is being glitchy.
This whole fact finding thing is just another way for them to deny benefits to people who deserve them. I went through THREE of these interviews for one claim because they kept saying they needed more information. Each time I had to repeat the same story about being laid off. The system is broken.
I had my fact finding interview about 3 months ago when I was laid off from my marketing job. The interviewer was actually really professional and understanding. They asked me to walk through exactly what happened on my last day, whether I received any warnings beforehand, and if I had any documentation. Since you were laid off due to budget cuts, you should be in good shape - that's typically considered "no fault" separation. Just stick to the facts, don't volunteer extra information, and have that layoff notice handy. The whole thing took about 20 minutes for me and my benefits were approved a few days later. You've got this!
This is really reassuring to hear! I've been so worried about saying the wrong thing or not having enough documentation. It's good to know that layoffs due to budget cuts are usually straightforward. Did they ask you anything about your work performance or just focus on the circumstances of the layoff?
Anastasia Sokolov
All the pandemic extra $ is gone. UI just went back to what it was before - your regular weekly benefit amount. Keep certifying like normal. Nothing else changes.
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Amina Diallo
Just went through this exact same situation last month! The $300 federal boost (FPUC) ended September 5th nationwide - it's not just you. Your regular NY state unemployment benefits continue as normal, so just keep doing your weekly certifications. No need to file a new claim unless your benefit year expires (which would be around April 2024 for you since you started in April 2023). The NY DOL website is terrible at explaining this stuff clearly, but you're doing everything right. Hang in there!
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