Can you collect unemployment while in jail - NYS Department of Labor eligibility question
I'm asking for my brother who got arrested last month and is currently locked up awaiting trial. He was working full-time at a warehouse before this happened and had filed for unemployment right before he got picked up. His claim was approved but now I'm wondering if he can still collect benefits while he's incarcerated? I know he can't look for work obviously but I'm not sure what the NYS Department of Labor rules are about this situation. Should I contact them to let them know or will this mess up his claim when he gets out?
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Keisha Jackson
Unfortunately, you cannot collect unemployment benefits while incarcerated in New York State. The NYS Department of Labor requires that claimants be able and available for work, which someone in jail clearly cannot be. Your brother needs to stop certifying for weekly benefits immediately to avoid creating an overpayment situation that he'll have to pay back later.
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QuantumQuasar
•Thanks for the info. So he should just stop filing his weekly claims then? Will his claim still be there when he gets out?
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Paolo Moretti
You definitely need to contact NYS Department of Labor right away about this. If he keeps certifying and collecting benefits while locked up, they'll consider it fraud and he'll owe all that money back plus penalties. The claim can be reopened when he's released as long as it's within the benefit year.
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Amina Diop
•This is correct. I work in the system and see these overpayment cases all the time. Better to stop now than deal with collections later.
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Oliver Weber
My cousin went through this exact same thing last year. He was in county for 6 weeks and kept filing his weekly claims because nobody told him he couldn't. When he got out, NYS Department of Labor hit him with a huge overpayment notice. He's still paying it back through wage garnishment. Definitely call them ASAP.
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QuantumQuasar
•Oh no that's exactly what I was worried about. I'll call them tomorrow morning. Do you know if there's a specific number for reporting this kind of situation?
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Natasha Romanova
If you're having trouble getting through to NYS Department of Labor by phone, you might want to check out claimyr.com - they help people actually reach unemployment agents when the regular phone lines are jammed. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Given how important it is to report this situation quickly, it might be worth looking into.
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QuantumQuasar
•Thanks I'll check that out. The regular NYS Department of Labor phone number has been impossible to get through on.
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NebulaNinja
Wait so what if someone is just in jail for like a weekend? Do you have to report that too or is there some minimum time period?
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Keisha Jackson
•Any period of incarceration where you can't work or look for work should be reported. Even a few days can technically affect eligibility for those specific weeks.
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