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I'm dealing with something similar right now and this post really resonates with me. I made the mistake of not reporting some freelance work I was doing while on unemployment benefits, and I just got my overpayment notice last week. The amount they're claiming is around $2,800 plus penalties. Like you, I was desperate at the time and made a really poor decision. Reading through these comments has been both scary and helpful - it sounds like most people who cooperate and set up payment plans avoid the worst consequences. I'm planning to call them tomorrow to discuss my options. Thanks for being brave enough to share your experience because it helps the rest of us know we're not alone in this mess.
I'm so sorry you're going through this too. It really does help to know we're not alone in making these mistakes. The guilt and anxiety have been eating at me since I got that first notice. I keep thinking about how I should have just reported everything from the beginning, but like you said, desperation makes you do stupid things. It sounds like you're taking the right approach by calling them right away. From what others have shared here, being proactive and cooperative seems to be key. I'm trying to stay hopeful that we can both work through this without it completely destroying our finances. Please keep us updated on how your call goes - I'd love to hear what options they offer you for payment plans.
I really appreciate you sharing this experience - it takes courage to admit mistakes and warn others. I'm currently on unemployment and seeing your post is making me double-check that I've been reporting everything correctly. It's scary how easy it seems to be for them to find unreported income through cross-referencing records. From what everyone is saying here, it sounds like your best bet is full cooperation and setting up a payment plan. $4,200 is definitely not a small amount but it doesn't seem to be in the range where they typically pursue criminal charges. Have you considered reaching out to any local legal aid organizations? Sometimes they offer free consultations for situations like this and could help you understand your rights during the appeals process. Stay strong - this is going to be stressful but it's not the end of the world and you'll get through it.
Thank you for the encouragement, it really means a lot right now. You're smart to double-check everything on your claims - I wish I had been more careful from the start. I hadn't thought about legal aid organizations but that's a great suggestion. Even just having someone explain the process and my rights would help me feel less lost in all this. The waiting and not knowing what's going to happen next is honestly the worst part. I keep going back and forth between panic and trying to stay optimistic that it will work out okay.
Restaurant closures usually process faster than other claim types since there's no question about the reason for separation. Make sure you have your last pay stub and any closure notice from your employer ready in case they ask for documentation. Also double-check that your SSN and address are exactly right in your application - small errors can cause delays.
I went through this exact same situation last year when my restaurant job ended due to closure. It took about 2.5 weeks for my initial claim to get approved, which was nerve-wracking when bills were piling up. One thing that helped me was setting up direct deposit if you haven't already - it speeds up payment once you're approved. Also, start documenting your job search activities now even while waiting, because once approved you'll need to show you're actively looking for work. The good news is restaurant industry layoffs due to closure are usually pretty straightforward for them to process since there's no dispute about eligibility.
The NYS Department of Labor benefit calculator used to be easier to find on their website but they moved everything around. Your benefit rate also depends on having enough wages in your base period to qualify, not just the weekly amount calculation. If you haven't worked consistently or had gaps in employment it might affect your eligibility too.
I just went through this process a few months ago after getting laid off from my construction job. You're right that you can't get the exact amount until you file, but I found a rough way to estimate it. Look at your pay stubs from your highest-earning quarter (usually your most recent full quarter before layoff) and add up the gross wages. Then divide by 26 - that gives you a ballpark figure, though it'll be capped at the maximum weekly benefit amount. With your salary plus the part-time work, you'll probably hit or get close to the maximum. The good news is NYS Department of Labor processes claims pretty quickly once you file, so you won't be waiting weeks to find out your actual rate.
The whole NYS Department of Labor appeal system is a joke honestly. They side with employers like 90% of the time no matter what evidence you have. I filed an appeal last year for wrongful termination and even with a hostile work environment documented they still denied me. But you should still try because occasionally they do the right thing.
I just went through the appeal process successfully a few months ago! One thing that really helped me was writing a detailed timeline of events leading up to my termination. Include dates, times, and any witnesses present when you reported the unsafe conditions. Also, if you have any photos or documentation of the unsafe conditions, definitely include those. The Administrative Law Judge seemed really interested in the fact that I had tried to address the issues internally first before being terminated. Don't give up - retaliation for reporting safety issues is taken seriously in these hearings. Make sure to emphasize that the "poor performance" claims only came up after you complained about safety.
Hailey O'Leary
One thing to keep in mind is that even though you can apply anytime, the longer you wait the more potential benefits you're losing. Like if your hours got cut 6 weeks ago and you would have qualified for $200/week, you've already missed out on $1,200 in benefits that you can never get back.
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Yara Khoury
@Jabari-Jo definitely file as soon as you can! I was in a similar situation last year - working retail and had my hours cut from 35 to about 15 per week. I waited almost a month before applying because I didn't realize reduced hours could qualify you for partial unemployment benefits. The application process itself was pretty straightforward online, just make sure you have your employer info and pay stubs ready. Even with reduced hours you might still qualify for partial benefits to help make up some of the lost income. The sooner you file, the sooner you can start getting some financial relief while you look for more hours or another job.
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Emma Davis
•@Yara-Khoury This is really helpful to hear from someone who went through the same thing! I didn't realize you could get partial benefits when your hours are just reduced rather than completely losing your job. That makes me feel better about applying now. Do you remember roughly how much you were able to get in partial benefits? I'm trying to figure out if it will actually help cover my bills or if I should focus more on finding additional work instead.
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