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?
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Peyton Clarke
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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Misterclamation Skyblue
•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
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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Misterclamation Skyblue
•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
•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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Sophia Gabriel
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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Tobias Lancaster
•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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Sophia Gabriel
•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
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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Statiia Aarssizan
•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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Reginald Blackwell
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
•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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Zara Ahmed
•Yes, definitely keep detailed job search records! I learned this the hard way. You should document company name, position title, date applied, method of contact (online, email, phone), and any follow-up actions. I use a simple spreadsheet with columns for each of these. Also save copies of job postings if possible since they sometimes get removed. The NYS DOL website says you need at least 3 job contacts per week, but I do 4-5 just to be safe. Better to have too much documentation than not enough if they ever audit your claim.
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Ava Rodriguez
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
•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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