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Do you have to pay back unemployment benefits in NY - confused about overpayment rules

I'm really confused about whether I might have to pay back my unemployment benefits. I've been collecting UI for about 8 weeks now and doing my weekly claims correctly as far as I know. But I keep hearing horror stories about people getting overpayment notices from NYS Department of Labor months later demanding thousands back. My friend said she had to pay back $2,800 because of some work she didn't report properly. I report everything honestly on my weekly claims but now I'm paranoid I'm doing something wrong. When exactly do you have to pay back unemployment? Is there a way to check if I owe anything or if there are any issues with my claim before they send a scary notice?

Peyton Clarke

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Generally you only have to pay back unemployment if you received benefits you weren't entitled to. This happens when you don't report work income properly, fail to meet job search requirements, or if NYS Department of Labor determines you were disqualified for some reason. As long as you're reporting all work and earnings on your weekly claims and meeting the job search requirements, you should be fine. You can check your payment history and any issues on your my.ny.gov account.

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Thanks, that makes me feel better. I've been really careful about reporting even small amounts of work. Is there a specific section in my.ny.gov where I can see if there are any problems?

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Vince Eh

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Had to pay back $3,200 last year because I didn't understand the work reporting rules properly. If you work any hours during a week you need to report it even if you don't get paid that week. Also make sure you're doing your job contacts - they can audit that and if you don't have proper documentation you could owe everything back.

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Oh no, that's exactly what I was worried about! I've been keeping track of my job search but maybe not as detailed as I should be. What kind of documentation do they want?

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Peyton Clarke

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You need to keep records of at least 3 job contacts per week - company name, date, position applied for, and method of contact. Don't panic though, they don't audit everyone.

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I had trouble reaching NYS Department of Labor when I got an overpayment notice and needed to understand what happened. Spent weeks trying to get through on the phone. Finally used a service called Claimyr (claimyr.com) that got me connected to an actual agent who explained the whole situation. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Made the whole process so much easier than sitting on hold for hours.

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How does that work exactly? Do they just help you get through the phone queue or do they handle the whole thing for you?

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They just help you get connected to a NYS Department of Labor agent faster. You still talk to the agent yourself and handle your own case, but you don't have to deal with the endless busy signals and holds.

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Ezra Beard

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ugh the overpayment thing is such BS... they make the system confusing on purpose then penalize you for not understanding their ridiculous rules. I got hit with an overpayment for work I reported but apparently I reported it wrong somehow??? Makes no sense

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Same thing happened to my cousin! The system is definitely not user-friendly and the instructions aren't clear at all.

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Most common reasons for overpayment are not reporting work income correctly or being disqualified after the fact (like if they find out you quit instead of being laid off). If you're being honest on your weekly claims and have proper documentation you should be okay. The key is keeping good records of everything just in case.

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Mateo Perez

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This is really helpful advice. I've been keeping screenshots of my weekly claim submissions, but should I also be keeping records of all my job search activities in a separate document? How detailed do those records need to be exactly?

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Ava Rodriguez

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I totally understand your anxiety about this! I was in the same boat a few months ago, constantly worrying about getting hit with an overpayment notice. What really helped me was setting up a simple system to track everything. I created a basic spreadsheet with tabs for my weekly claims (screenshots and dates), job search activities, and any work/income I report. For the job search piece, I log way more than the minimum 3 contacts per week - usually 5-6 just to be safe. Each entry includes company name, position, application date, method (Indeed, company website, etc.), and any responses. It takes maybe 10 minutes per week but gives me huge peace of mind. Also, I check my payment history on my.ny.gov every few weeks to make sure there are no flags or issues. The system does show pending determinations or problems if there are any. As long as you're being honest and thorough with your reporting, you should be fine. The horror stories usually involve people who didn't report work income or made genuine mistakes with the confusing rules.

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Anthony Young

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This is such great advice! I'm definitely going to set up a spreadsheet like you described. I've been doing the bare minimum with job search documentation and now I realize that's probably not smart. Quick question - when you say you screenshot your weekly claims, do you screenshot the confirmation page after submitting or the actual claim form before submitting? I want to make sure I'm capturing the right information in case I ever need to prove what I reported.

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Amara Eze

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I screenshot both actually! I take one of the filled-out form before I hit submit (so you can see exactly what I reported) and then another of the confirmation page after submitting (which shows it went through successfully and usually has a confirmation number). The confirmation page is probably more important since it proves you actually submitted the claim, but having the pre-submission screenshot helps show exactly what information you provided in case there's ever a dispute about what you reported. I store them in folders on my phone organized by week - like "UI Week 1", "UI Week 2", etc. Takes 30 seconds but could save you thousands if there's ever a question about your claims.

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Giovanni Marino

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I screenshot both actually! I take one of the claim form filled out (before hitting submit) and then another of the confirmation page after it goes through. The confirmation page is probably more important since it shows the system actually received your claim, but having the filled-out form helps if there are ever questions about what you reported. I also write down the confirmation number in my spreadsheet. It might seem like overkill but it literally takes 30 seconds and could save you thousands if there's ever a dispute. Better safe than sorry with NYS DOL!

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Seraphina Delan

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I screenshot both actually! I take one of the completed form before hitting submit (so I can see exactly what I entered) and then another of the confirmation page after submitting. The confirmation page usually has a reference number or timestamp that could be useful if there's ever a dispute. It only takes a few extra seconds but having both gives me complete documentation of what I reported and proof that it was successfully submitted. Also, if you use direct deposit, I recommend keeping your bank statements showing the UI deposits - that way you have a complete paper trail matching your claim history to actual payments received.

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I screenshot both actually! I take one of the filled-out claim form before hitting submit (so I have record of exactly what I reported), and then another of the confirmation page after it goes through (which usually has a confirmation number and timestamp). The confirmation page is probably most important since it proves the claim was actually submitted, but having the pre-submit screenshot has helped me a couple times when I couldn't remember exactly what I put for certain questions. Also, make sure you're saving these with clear file names like "UI_Claim_Week_Ending_[Date]_Confirmation" so you can find them easily later if needed.

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Malik Jackson

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@f108e199be8a Thank you so much for this detailed breakdown! Your spreadsheet system sounds perfect - I'm going to set that up this weekend. I've been so stressed about this whole thing, but having a proper tracking system will definitely help me sleep better at night. One more question if you don't mind - do you also keep copies of the actual job postings you apply to, or is just recording the company/position details enough? I've heard mixed things about whether they actually check that level of detail during audits.

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Emma Thompson

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@e457b6ac6fe5 I save copies of job postings when I can, especially for positions I'm really interested in. Job postings get removed all the time, so having a copy shows you applied to a legitimate opening. I use a simple folder system on my computer - one folder per week with screenshots of postings. It's probably overkill but like @f108e199be8a said, better to have too much documentation than not enough. For quick applications on Indeed or LinkedIn where I can't easily save the posting, I at least note the job ID number if there is one. The peace of mind is worth the extra few minutes!

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Sean O'Brien

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@e457b6ac6fe5 I actually do save job postings when I can! I keep a folder on my computer organized by month with PDFs or screenshots of the job ads I apply to. It's probably overkill, but job postings disappear so quickly that I figure it's better to have them just in case. For applications through company websites where there's no posting to save, I just make sure to record the exact job title and company department. I've never been audited (knock on wood), but from what I've read online, most audits focus more on whether you can show you made legitimate job contacts rather than the specific details of each posting. Still, having that extra documentation makes me feel more confident about my claim.

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