Do I have to repay unemployment benefits from NYS Department of Labor?
I got unemployment benefits for about 8 months last year when I was laid off from my restaurant job. Everything seemed fine and I followed all the rules, certified weekly, did my job searches, the whole thing. Now I'm working again but I keep hearing horror stories about people getting letters saying they have to pay back thousands in unemployment money. Do I have to repay unemployment benefits if NYS Department of Labor decides I wasn't eligible? I'm really worried because I used that money to pay rent and buy groceries, it's not like I have it sitting around. What triggers these repayment demands?
9 comments


Sophia Carson
You only have to repay unemployment if NYS Department of Labor determines you received benefits you weren't entitled to. This usually happens if there was fraud, unreported work income, or eligibility issues they discover later. If you followed all the rules and reported everything correctly, you should be fine. The overpayment notices typically come from audits or employer disputes about your separation reason.
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Ana Erdoğan
•That makes me feel better. I definitely reported everything and was legitimately laid off. How would I know if my employer disputed anything?
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Elijah Knight
yeah same thing happened to my brother he got a letter saying he owed back like $4000 because they said he quit instead of being laid off. took him months to fight it but he won the appeal
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Brooklyn Foley
•That's exactly why it's important to keep all your documentation - layoff notices, final paystubs, any communication with your employer about the separation. NYS Department of Labor relies heavily on employer reports and sometimes employers misreport the reason for separation to avoid higher unemployment insurance rates.
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Jay Lincoln
I've been dealing with NYS Department of Labor for years and honestly their overpayment system is broken. They send out these scary letters demanding repayment but half the time they're wrong. The problem is getting through to someone to actually review your case - their phone lines are impossible.
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Jessica Suarez
•I had the same problem trying to reach them about an overpayment notice. Ended up using Claimyr (claimyr.com) to actually get through to an agent. They have this video demo showing how it works (https://youtu.be/qyftW-mnTNI) and it actually got me connected within a few hours instead of days of calling. Turned out my overpayment was an error in their system.
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Jay Lincoln
•Interesting, I'll have to check that out. These overpayment errors are way too common and fighting them shouldn't be this hard.
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Marcus Williams
Don't panic yet! Most people who follow the rules don't get overpayment notices. The main things that trigger repayment are working while claiming benefits without reporting it, not being available for work, or issues with your initial eligibility. If you were legitimately unemployed and followed all the weekly certification requirements, you're probably fine.
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Abby Marshall
•@Marcus Williams This is really reassuring to hear. I was definitely available for work the whole time and did all my job searches properly. I guess the horror stories just get to you, you know? It sounds like as long as I was honest about everything I should be okay. Thanks for the peace of mind!
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