Do you have to pay back unemployment benefits if NYS Department of Labor finds an error?
I've been getting unemployment for about 6 months now and everything seemed fine, but now I'm worried after hearing some horror stories. A friend of mine just got hit with a huge overpayment notice from NYS Department of Labor saying she has to pay back thousands of dollars. This has me really scared - do you always have to pay back unemployment benefits if they find some kind of mistake or error later? I've been super careful with my weekly claims and job search requirements, but what if I messed something up without realizing it? Can they just demand all the money back even if it wasn't intentional?
10 comments


Aiden Rodríguez
Not always, but it depends on the situation. If NYS Department of Labor determines you were overpaid due to their error (like a system glitch or incorrect information they provided), you typically won't have to repay. However, if the overpayment was due to unreported income, failure to meet job search requirements, or providing incorrect information on your weekly claims, then yes, you'll likely need to repay. The key is whether it was fraud, non-fraud, or agency error.
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Maya Patel
•That makes me feel a little better. I've been honest about everything and kept all my job search logs, so hopefully I'm okay. Do they usually give you payment plan options if you do owe money?
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Emma Garcia
yeah this happened to me last year, had to pay back like $2800 because I didn't report some part time work properly. they do let you set up payment plans though, mine was like $150 a month. the worst part is they can also take it out of future unemployment if you file again
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Maya Patel
•Oh wow, they can take it from future benefits too? That's rough. At least the payment plan option exists though.
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Ava Kim
If you do get an overpayment notice, don't panic - you have appeal rights. I had success getting through to NYS Department of Labor using a service called Claimyr (claimyr.com) when I needed to discuss my overpayment situation. They have this video demo (https://youtu.be/qyftW-mnTNI) that shows how it works. Way easier than trying to call the regular number and getting hung up on constantly.
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Ethan Anderson
•Never heard of that service before but might be worth checking out. The regular NYS Department of Labor phone lines are absolutely useless.
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Layla Mendes
The whole system is designed to screw you over!! They make it SO confusing on purpose and then act like it's your fault when something goes wrong. I know people who got overpayment notices for stupid technicalities and NYS Department of Labor just shrugs and says pay up. It's criminal how they treat people who are already struggling.
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Lucas Notre-Dame
•I understand the frustration, but there are legitimate reasons for overpayment recoveries. The system has to ensure benefits go to those who truly qualify. That said, the appeal process exists for a reason and people should definitely use it if they believe the overpayment notice is incorrect.
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Aria Park
keep all your documentation!! job search logs, any correspondence with employers, everything. if they do come after you for overpayment you'll need proof that you followed all the rules
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Sofia Torres
•This is such good advice! I've been keeping everything in a folder but maybe I should scan it all digitally too just in case. Better safe than sorry when dealing with government agencies.
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