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Same thing happened to my neighbor - turned out she forgot to report some cash tips from her waitressing job. NYS Department of Labor just made her pay it back over time, no criminal charges. As long as you cooperate and don't try to hide anything, you should be okay.
I went through something similar with NYS DOL last year - got an overpayment notice for $3,400 and was absolutely terrified about the fraud investigation part. Turns out I had been miscalculating my gross vs net earnings when reporting part-time work. The key thing that helped me was gathering ALL my pay stubs and employment records before my hearing. I also wrote a detailed letter explaining exactly how I calculated my earnings each week and where I think the confusion happened. The hearing officer could see it was an honest mistake and they waived the fraud penalties, though I still had to repay the overpayment. Don't panic - focus on documenting everything and being completely transparent about what happened.
@Ella Cofer This is really helpful to hear from someone who went through the exact same thing! The part about gross vs net earnings confusion really resonates with me - I think that might be exactly what happened in my case too. When you say you wrote a detailed letter, did you submit that before your hearing or bring it with you? And how long did the whole process take from getting the notice to resolution? I m'trying to figure out my timeline here.
Y'all are making this so complicated. Just certify for this week on Sunday like normal. Then on Tuesday (after Labor Day) file a new claim. Then keep certifying each week. If payments stop, THAT'S when you need to call.
This👆 is the actual correct answer
I went through this exact same situation with my BYE falling on July 4th last year. Here's what worked for me: certify this Sunday as normal, then file your new claim on Tuesday September 5th (the day after Labor Day). The holiday doesn't change the basic process, but it might delay processing times since offices are closed Monday. Keep all your documentation ready - especially any part-time work records since you mentioned freelancing. The key is to not skip any certifications during the transition. If your payments get held up (which honestly happens to most people), you'll need to call, but at least you won't lose any weeks by following the normal schedule. Good luck!
The whole system is ridiculous anyway. Whether you're federal, state, or private sector, NYS Department of Labor takes forever to process anything and you can never reach anyone on the phone. Good luck OP, hope your experience is better than most of us have had with their so-called customer service.
Just wanted to add that when you file your UCFE claim through NYS Department of Labor, make sure you select "Federal Government" as your employer type in the application. This helps them route your claim correctly for processing. Also, don't be surprised if your monetary determination letter shows wages from "United States of America" instead of "USPS" - that's normal for federal employee claims. The benefit calculation works the same way as regular unemployment, just sourced from federal wages.
just went through this myself - make sure you also check if your state has any special rules about unemployment taxation. some states don't tax unemployment benefits even if the federal government does
Good point! For New York specifically, the state does tax unemployment benefits just like the federal government does. So unfortunately if you received UI from NYS Department of Labor, you'll need to pay both federal and state taxes on it. Some states like California don't tax unemployment but NY isn't one of them.
One thing to keep in mind about the tax bracket concern you mentioned - unemployment benefits are taxed as ordinary income, but moving into a higher tax bracket only affects the income above that threshold, not your entire income. So if your $8,400 in UI benefits plus your partial year wages pushes you into the next bracket, only the amount over the bracket limit gets taxed at the higher rate. The IRS has tax tables that can help you figure out exactly how much you'll owe. Also, if you didn't have taxes withheld from your UI payments, you might want to make estimated tax payments to avoid underpayment penalties.
Victoria Stark
Just wanted to say I'm in the same boat - filed 3 weeks ago and still waiting. At least I know I'm not alone in this. The uncertainty is the worst part.
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AstroAce
I went through this exact same situation last month. My claim took exactly 3 weeks to get approved, which my case worker told me was typical. The key thing is to keep filing your weekly certifications even while it's pending - you can backdate and get paid for those weeks once approved. Also, make sure you're checking both my.ny.gov and your physical mail, because sometimes they send important documents by mail first. If you haven't heard anything by week 4, that's when I'd recommend calling the DOL hotline. Hang in there, the waiting is stressful but most legitimate claims do get processed eventually.
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