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.

just wanted to say good luck! same thing happened to my friend and she won her appeal. the truth usually comes out in these hearings

From my experience working in HR before switching careers, I'd estimate employees win unemployment appeals around 40-50% of the time when they have solid documentation like you do. The fact that you have a company-wide email about budget cuts is huge - that directly contradicts their misconduct claim. NYS Department of Labor judges are pretty good at spotting when employers are trying to avoid paying unemployment costs. Make sure to organize all your evidence chronologically and practice explaining your timeline clearly. You've got a strong case!

The fact that the NY unemployment system is still this broken is absolutely insane. It's been like this for YEARS. Nobody cares because politicians don't have to deal with it. I'd recommend documenting everything and also filing a complaint with the state ombudsman's office.

I'm going through the exact same situation right now - filed in early June, got my determination letter saying I qualify for $412/week, but it's been 8 weeks of "pending" status with zero payments. The frustration is real! I've been calling nonstop but can never get through. Reading through everyone's experiences here gives me some hope that it will eventually get resolved, even though the waiting is killing me financially. Going to try some of the suggestions mentioned here like contacting my assembly person and maybe that calling service people have mentioned. Thanks for posting this - at least I know I'm not alone in this nightmare!

hi everyone quick question thats kind of related but a bit different... if i only certified for unemployment for 1 day of work missed instead of the whole week, can i go back and fix that? sorry to hijack the thread but figured someone here might know

Update: I finally got through to NYSDOL after using Claimyr (thanks for the recommendation!). The agent reviewed my case and said they would allow me to certify for the missed weeks because I had documentation showing I was waiting for an eligibility determination and missed the notification. They're backdating 9 weeks! I have to wait 2-3 weeks for processing but at least it's approved. For anyone else in this situation - definitely call, have documentation ready, and be polite but persistent!

Just went through this exact situation a few months ago! My former employer claimed I was terminated for "insubordination" when really I was just asking questions about unsafe working conditions. The hearing was less intimidating than I expected - it was done over the phone and lasted about 30 minutes. The judge asked me to explain my side first, then my employer presented their case. I had screenshots of our text conversations and my original job description which helped prove I wasn't being insubordinate. Won the case and got all my back benefits. The key is having documentation and staying calm during questioning. Good luck with your hearing!

I went through something similar last year with a retail chain that contested my claim. What I learned is that some companies have automated systems that flag ANY termination for a contest, regardless of the actual circumstances. They're banking on people not showing up to defend themselves. For your hearing, focus on the fact that your termination letter specifically says "poor performance" - that's actually great documentation in your favor since poor performance typically doesn't constitute misconduct under NY law. The burden is on them to prove you committed willful misconduct, not just that you weren't meeting expectations. Document everything you can remember about your final weeks there and any conversations with management. You've got this!