New York Unemployment

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I think you're overthinking this. Just focus on finding your next job and don't worry about stuff that won't matter anyway.

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@Niko Ramsey I completely understand your concerns - I had the exact same worries when I first filed for unemployment after my company downsized last year. What really helped me was realizing that unemployment benefits are literally designed for situations like ours. You've been paying into this system through your paychecks, so you've already earned this benefit. As others mentioned, it won't show up on background checks or affect your credit. I actually found that being transparent about my job search during interviews (without necessarily mentioning unemployment) showed employers I was proactive. Focus your energy on your job search rather than worrying about non-existent consequences. You're doing everything right!

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@James Martinez Thank you so much for sharing your experience! It really helps to hear from someone who went through the same thing. I keep reminding myself that this is exactly what unemployment is for, but sometimes the anxiety still creeps in. Your point about being transparent during interviews is interesting - I ve'been wondering how to handle that topic if it comes up. Did you find that employers were generally understanding about the downsizing situation?

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I'm dealing with almost the exact same situation right now - I have my cousin's wedding in Portugal in 7 weeks and I've been absolutely stressed about how to handle it with my unemployment claim. This entire thread has been such a blessing to find because I was convinced I'd have to choose between my family and my benefits. Reading everyone's real experiences here, especially the consistency in how understanding the NYS DOL agents were when people were upfront about family weddings, has completely changed my perspective. What really sealed it for me was Sean's audit story - owing back over $3K plus penalties for just 4 days is exactly the nightmare I want to avoid. I'm calling NYS DOL tomorrow morning to report my travel dates and request to suspend my claim for those weeks. Yes, losing 10-12 days of benefits will hurt (probably around $1,400-1,500 for me), but the peace of mind and avoiding potential fraud issues is worth so much more. Thank you everyone for being so open about your experiences - this thread should honestly be required reading for anyone on unemployment who has upcoming family events. Hannah, definitely make that call ASAP and be completely honest about your sister's wedding. From everything I've read here, you'll be so glad you handled it the right way!

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Sofía, I'm so glad this thread has been helpful for you too! Reading everyone's experiences here has been such a relief - I was honestly starting to think I might have to skip my sister's wedding, which would have been heartbreaking. The consistency in how understanding the agents were when people were honest is really striking, and Sean's audit story definitely scared me straight about trying to hide anything. Portugal sounds like it'll be a beautiful wedding! I'm planning to call tomorrow morning too, so maybe we'll both get through and can update each other on how it goes. The financial hit is definitely going to sting, but after seeing all these real experiences, I'm convinced it's the only smart choice. Thanks for sharing your situation - it's nice to know I'm not the only one dealing with this stress right now!

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I'm in a very similar situation and this thread has been incredibly reassuring! I have my niece's wedding in Spain coming up in about 6 weeks and I've been absolutely panicking about how to handle it with my unemployment benefits. Like everyone else here, I was terrified that NYS DOL would be harsh or judgmental about requesting time off for a family wedding, but reading all these real experiences has completely changed my perspective. The pattern is so clear - every single person who was upfront about legitimate family travel had understanding agents and smooth experiences, while those who tried to hide it faced serious consequences later. Sean's audit story especially drove home how risky it would be to not disclose the travel. I'm definitely calling NYS DOL this week to report my travel dates and request to suspend my claim for those 10 days. Losing about $1,500 in benefits will be tough financially, but the peace of mind and avoiding potential fraud investigations is worth so much more. Thank you everyone for being so transparent about your experiences - this thread is exactly what people dealing with this stressful situation need to see. Hannah, I hope your call goes well and that you can enjoy your sister's wedding without worrying!

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I actually had my NYS DOL unemployment hearing last month where my employer was a no-show, so I can share what actually happened. The hearing officer started right on time and explained that they would proceed without the employer. They put me under oath over the phone (you just verbally affirm that you'll tell the truth) and then spent about 45 minutes asking very detailed questions about my termination. Even though my employer wasn't there, the judge had their written contest statement and asked me to respond to each specific allegation they had made. They wanted exact dates, times, witnesses present, what was said, etc. I had to walk through company policies, any prior warnings, and my understanding of why I was fired. The judge was professional and neutral - not hostile, but definitely thorough. I got my decision in writing about 10 days later and won my case. My advice: prepare like they're going to show up, bring/have ready any supporting documents, and be completely honest about what happened. The no-show actually worked in my favor because they couldn't present new evidence or challenge my testimony directly.

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Raul Neal

@d2bef0c1d010 This is incredibly helpful, thank you for sharing your experience! I'm especially glad to hear that the hearing officer was professional and neutral - I was worried they might be more skeptical with only one side present. Quick question about the documentation: did you submit your supporting documents to the hearing officer before the hearing, or did you reference them during the call and then email/fax them afterward? I have some emails and write-ups that I think will help my case, but I'm not sure about the best way to get them into the record during a phone hearing. Also, it's reassuring to know you got your decision in 10 days - the waiting has been the worst part of this whole process for me!

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@d2bef0c1d010 This is such valuable insight from someone who actually went through this! I'm curious about the oath part - when they had you verbally affirm over the phone, did they use specific legal language or was it more informal? I've never been sworn in for anything before and I want to make sure I respond appropriately. Also, when you mention they had your employer's written contest statement, did they summarize what your employer claimed during the hearing, or did they expect you to already know what allegations you were responding to? I'm trying to decide if I should call the DOL ahead of time to get a copy of what my employer submitted, or if the hearing officer will fill me in during the actual hearing. Really appreciate you sharing such detailed information - it's helping me feel much more prepared!

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I can add some perspective as someone who works in HR and has been involved in several unemployment hearings from the employer side. When we don't attend hearings, it's usually because we know our case is weak or we don't have sufficient documentation to prove misconduct. The administrative law judge will absolutely still conduct a thorough hearing with you - they're required to make a decision based on all available evidence, which includes whatever your employer submitted initially. Don't let your guard down though. Even without them present, you need to be prepared to address their allegations point by point with specific examples and dates. The judge may ask follow-up questions that challenge your version of events, not because they don't believe you, but because they need to ensure they have all the facts. Having been on both sides of this process, I'd say your chances improve significantly when the employer is a no-show, but preparation is still key to a successful outcome.

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Same thing happened to my brother last year except his was only like $800. He just paid it right away to avoid the hassle but now I'm wondering if he should have appealed it first. These overpayment letters seem pretty common unfortunately.

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I had a similar overpayment issue with NYS Department of Labor about 18 months ago. My advice: don't panic, but do act quickly within that 30-day window. First, gather ALL your documentation - weekly claim forms, correspondence, pay stubs, anything that shows you reported correctly. Second, call the overpayment unit directly (different from regular unemployment line) - the number should be on your notice. Third, if you truly believe you reported everything correctly, absolutely file an appeal AND request a waiver simultaneously. You can do both. The waiver process looks at whether the overpayment was due to agency error or circumstances beyond your control. Even if the waiver is denied, having documentation ready helps with setting up a reasonable payment plan. Don't let them intimidate you - you have rights in this process.

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This is really helpful advice! I'm curious about the waiver process - what kind of circumstances beyond your control did they accept? I'm worried that even though I reported everything correctly, they might still say it was somehow my responsibility. Also, do you know if there's a specific form for requesting a waiver or is it just something you ask for when you call?

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I'm in almost the exact same situation - working in NY but living in NJ and collecting NY unemployment since February. Reading through everyone's responses has been incredibly helpful! It sounds like the consensus is clear that I need to file the NY non-resident return (IT-203) and pay NY state tax on the benefits. One thing I'm still wondering about - does anyone know if NY withholds state taxes automatically from unemployment payments for non-residents? I noticed they took out federal taxes but I'm not sure about state. I don't want to get hit with a big surprise bill if they haven't been withholding anything for state taxes this whole time. Also really appreciate the tip about Claimyr for actually getting through to someone at the tax department. After reading about all the horror stories of people getting audited for not filing properly, I definitely want to make sure I do this right!

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Great question about the withholding! NY typically doesn't automatically withhold state taxes from unemployment benefits for non-residents - you usually have to request it specifically when you set up your claim or through your online account. If they haven't been withholding state taxes, you'll likely owe a lump sum when you file. I'd recommend checking your payment history online to see exactly what's been withheld so far, and if nothing has been taken out for NY state taxes, consider making estimated quarterly payments to avoid a big surprise at tax time!

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I'm dealing with this same issue right now! Living in PA but received NY unemployment benefits last year. After reading through all these responses, it's clear I need to file the NY IT-203 non-resident return. One thing that's been bugging me though - I kept getting different answers from different sources until I found this thread. My HR person at my old job told me I only needed to file in PA, but obviously that's wrong based on everyone's experiences here. It's frustrating how much misinformation is out there about this stuff. Has anyone here used tax software that handles this multi-state unemployment situation well? I'm debating between doing it myself with software or just biting the bullet and paying for a tax preparer who knows the NY/PA rules. The horror story about the $2000 audit penalty has me spooked! Thanks everyone for sharing your experiences - this thread has been way more helpful than anything I found on the official websites.

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