Just wanted to add that if you do end up having to pay back the overpayment, you can potentially claim it as a deduction on next year's tax return under the claim of right doctrine. Not tax advice obviously but worth asking a tax professional about.

I went through this exact same thing last year and it's incredibly frustrating. The key thing to understand is that NYS Department of Labor overpayments are usually based on either unreported income, work search requirements not being met, or employer wage reports that contradict what you certified. The taxes you paid don't factor into whether you were eligible - they're completely separate processes. My advice: 1) Request a detailed breakdown of exactly which weeks they're claiming as overpaid and why, 2) Gather all your documentation from that period (work search logs, income reports, etc.), and 3) Appeal within the 30-day window even if you're not sure - you can always withdraw the appeal later but you can't file one after the deadline. Don't let them just take your word for it that you owe the money without proving exactly how they calculated it.

The key is understanding that unemployment isn't automatic even when you're terminated. NYS Department of Labor has to determine if the termination was for cause (misconduct) or not. Attendance issues can be tricky - it depends if you followed company policy for reporting absences and if there were legitimate reasons.

I went through this exact situation last year and it's really nerve-wracking but you have a good chance if you have documentation. Since you have texts showing you communicated about childcare issues and called in when late, that works in your favor. NYS Department of Labor will look at whether your employer had clear attendance policies, if they gave you progressive discipline (warnings before termination), and if your reasons were legitimate. Childcare issues are generally considered valid reasons for attendance problems. Make sure to submit all your text messages and any emails as evidence during the adjudication process. It took about 6 weeks for my case to be resolved but I did get approved in the end.

Labor Day always messes up my budget planning too!! Why can't they just process payments in advance when they know there's gonna be a holiday? Other places manage to do direct deposit early before holidays. The NYS Department of Labor system is so behind the times.

I've been dealing with NYS unemployment for over a year now and holiday delays are just part of the routine unfortunately. Labor Day, Memorial Day, July 4th - they all push payments back one business day. The system is pretty consistent about it though, so at least you can count on Wednesday if Tuesday is your normal day. Pro tip: I always mark holiday weeks on my calendar now so I don't panic when the deposit doesn't show up on the usual day. It's frustrating but predictable once you get used to the pattern.

I'm going through the exact same thing right now! My claim was fine for 8 weeks and then suddenly went on hold last Tuesday. I've been calling the NYS Department of Labor number every day but can never get through - it just hangs up on me after being on hold for hours. The worst part is not knowing what triggered the review or how long it will take. I've been keeping detailed records of all my job search activities and haven't changed anything about my situation. Really hoping this gets resolved soon because like you said, bills don't stop coming just because the state decides to investigate your claim for mysterious reasons.

This is so frustrating and unfortunately pretty common with NYS Department of Labor. When claims go on hold suddenly like this, it's often triggered by something in your weekly certification that their system flagged for review - could be as simple as a different answer to the availability question or reporting different job search activities. The system is very sensitive to any changes. Since you mentioned the only difference was saying you were available on a day you usually aren't, that might be what triggered it. Keep filing your weekly claims even while on hold - this is crucial because if you stop filing and the hold gets resolved, you could lose those weeks of benefits. Try calling right when they open at 8am on Monday - you'll have better luck getting through early morning. Also document everything and keep records of your job search activities in case they ask for verification. The review process typically takes 2-4 weeks but can be longer. I know it's stressful with rent due, but most holds do get resolved if you haven't actually done anything wrong.

omg yes file anyway!! my sister thought she couldnt get anything cause her boss said they were too small but turns out he was lying and just trying to avoid paying taxes

Just to add some clarity here - the threshold for employer coverage in NY is actually quite low. Employers must pay unemployment insurance if they pay $300 or more in wages in any calendar quarter, OR if they employ one or more workers for some portion of a day in each of 20 different calendar weeks. So most legitimate employers should be covered. If your friend's employer is claiming they don't participate, it's worth having her file a claim anyway because NYS Department of Labor will investigate and determine if the employer was actually required to be paying in. Don't take the employer's word for it!