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This whole system is BROKEN. I had a similar issue and spent WEEKS trying to talk to someone. When I finally got through, they admitted it was their error but still made me pay it back. New York unemployment is a joke.
Facts 💯 Same thing happened to my brother
Ugh, this is so stressful! I went through something similar last year. They will definitely take the full $220 unless you call them first to set up a payment plan. I learned this the hard way when they took my entire weekly payment to cover an overpayment. The key is to be proactive - call them BEFORE you certify next week. I know the phone lines are terrible, but you really need to speak to someone if you want to avoid getting hit with the full amount all at once. Document everything and be prepared to explain your financial situation if you need a payment plan. Good luck!
I'm glad you've submitted the hardship waiver. While waiting for the response, you might also want to request an explanation of the overpayment if you haven't received one. Call or check your online message center for a document explaining exactly which week(s) were overpaid and why. Sometimes it's a simple reporting error that can be corrected. And yes, to reassure you again - your benefits will continue with the recoupment deduction applied until the overpayment is satisfied. If your hardship waiver is approved, you'll see the deduction amount decrease in future payments.
Thank you everyone for all the help and advice! I feel much better knowing I'll still get most of my benefits and that there are options for reducing how much they take each week. Going to focus on getting that hardship waiver approved now.
Just wanted to add that you can also check your NY.gov account online to see the exact breakdown of your overpayment determination. Sometimes they show week-by-week details there that aren't clear in the mailed notices. Also, if you do end up calling, try calling right at 8am when they open - that's when I've had the best luck getting through to someone who can actually help explain what happened. Good luck with your hardship waiver!
That's really helpful advice about checking the NY.gov account! I didn't know they showed the week-by-week breakdown there. I'll definitely try calling at 8am sharp tomorrow too. Thanks for the tip!
Wait, if 12 other people were laid off at the same time, that sounds like a mass layoff situation. Did NYS Department of Labor consider that when making their decision? Sometimes they mess up the initial determination if they don't have all the facts about the circumstances. You might want to request your complete file to see exactly what information they based the misconduct finding on.
I went through something similar last year. If you have documentation showing it was a mass layoff (emails about budget cuts, termination letters mentioning layoffs, etc.), that's strong evidence against misconduct. You can request your complete unemployment file through a FOIL (Freedom of Information Law) request to NYS DOL - just submit Form IA 4.3 or send a written request to their FOIL office. This will show you exactly what your employer reported and what evidence they used for the misconduct determination. Sometimes employers incorrectly report layoffs as terminations for cause, and having your file can help you identify discrepancies to challenge.
This is super helpful! I had no idea about the FOIL request process. Do you know how long it typically takes to get your complete file back? And once I have it, if I find discrepancies between what my employer reported versus what actually happened, can I reopen my case or would I still need to go the Article 78 route?
The whole system is rigged against workers anyway. Companies know exactly how to fire people 'for cause' to avoid paying higher unemployment taxes. Meanwhile we're stuck trying to figure out these impossible rules just to get benefits we already paid into
I went through something similar a few months ago. The key thing I learned is that NYS Department of Labor looks at whether you had a "compelling reason" to quit. Toxic behavior from supervisors can qualify, but you really need solid documentation. I kept a detailed log with dates, times, and what happened each incident. Also saved any written communications that showed the problematic behavior. When I applied, I wrote a clear timeline in my application explaining how I tried to address the issues internally first. It took a while to get approved but they eventually ruled in my favor. The documentation made all the difference - don't just rely on your word against theirs.
This is really helpful advice! I'm curious about the timeline part - how detailed should I be when documenting incidents? Like should I include minor things or just focus on the really bad stuff? And did you have to provide witness statements or was your own documentation enough?
@d3b9a2f53a4b This is exactly the kind of detailed advice I was looking for! How long did the whole process take from when you quit to when you actually started receiving benefits? I'm trying to figure out if I can afford to wait that long or if I need to stick it out at my current job a bit longer while I save up more money. Also, when you say you tried to address issues internally first, did you go through HR or just document that you spoke to your supervisor about the problems?
Paolo Conti
Just went through this exact same situation a few months ago! The fast approval is definitely a good sign - means your employer reported everything correctly and there weren't any red flags with your claim. You should see your first payment within 2-3 business days after you certify this Sunday. Don't forget about the waiting week though - you won't get paid for your very first week of unemployment, that's just how NY does it. After that first payment hits, the timing becomes pretty predictable. One thing I wish someone told me - download the NY.gov app, it makes certifying way easier than using the website. Also keep all your work search documentation organized from day one, trust me on this! The system really has improved a lot over the past couple years.
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Steven Adams
•Thanks for mentioning the NY.gov app! I had no idea that existed and was dreading having to use the website every week. Just downloaded it and it looks way more user-friendly. Really appreciate the tip about keeping work search docs organized too - seems like that's something a lot of people get tripped up on later. Good to hear the system has actually improved, gives me hope this process won't be as stressful as I was expecting!
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Ravi Kapoor
Really glad to see a success story here! The NY unemployment system gets a lot of hate (and sometimes rightfully so) but when it works, it works. A few things that might help you moving forward: - Double-check that your direct deposit info is correct in your account settings - even a small typo can delay payments - The weekly certification window opens Sunday at 7:30am and you have until Friday to complete it, but definitely don't wait - If you're looking to get back into restaurants, now's actually a good time with spring hiring starting up - Keep your login credentials somewhere safe - getting locked out of your account is a nightmare to fix The $421 weekly benefit should give you some breathing room to find something good rather than just taking the first thing that comes along. Best of luck with the job search!
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