How far back can NYS Department of Labor audit unemployment claims - worried about old claim
I'm getting really anxious about something. I received unemployment benefits back in 2019-2020 and now I'm wondering how far back can unemployment audit my old claims? I think I might have made some mistakes with reporting my part-time work hours during that period. I wasn't trying to be dishonest, I was just confused about the reporting requirements. Does NYS Department of Labor have a statute of limitations on auditing old claims? I keep reading different things online and it's making me panic. Has anyone dealt with an audit of really old claims?
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Henry Delgado
NYS Department of Labor typically has up to 3 years from the date of overpayment to recover benefits, but in cases of fraud they can go back up to 6 years. Since you mentioned it was confusion rather than intentional fraud, the 3-year window would likely apply. That said, if they suspect willful misrepresentation, they have more time. The key is whether they determine it was an honest mistake versus deliberate fraud.
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Gianni Serpent
AuthorThank you for explaining that. It really was just confusion on my part - I didn't understand if I was supposed to report gross or net earnings from my part-time job. Do you think that would be considered an honest mistake?
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Olivia Kay
i had an audit from like 4 years back and they said i owed money but nothing ever came of it. think they have bigger fish to fry than going after old small amounts
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Joshua Hellan
That's not really accurate advice. NYS Department of Labor does pursue overpayments regardless of the amount. They'll garnish wages, intercept tax refunds, and add interest and penalties. The fact that nothing happened in your case doesn't mean it won't happen to others.
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Jibriel Kohn
ugh the whole system is designed to trap people!! they make the rules so confusing then punish you for not understanding them perfectly. its ridiculous that they can go back YEARS to audit claims
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Henry Delgado
I understand the frustration, but the audit process exists to ensure program integrity. What's important is that honest mistakes are typically handled differently than intentional fraud in terms of penalties and collection.
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Joshua Hellan
If you're really concerned about this, you might want to try reaching out to NYS Department of Labor directly to discuss your situation. I know their phone lines are always busy, but I recently found this service called Claimyr that helps people get through to unemployment agents. They have a website at claimyr.com and even a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Might be worth looking into if you want to proactively address any potential issues.
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Gianni Serpent
AuthorThanks for the suggestion. I'm worried that calling might actually draw attention to my case when maybe they haven't even looked at it yet. Do you think it's better to just wait and see?
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Joshua Hellan
That's a valid concern. You could also consult with an employment attorney who specializes in unemployment law. They could review your situation and advise whether proactive contact makes sense or if it's better to wait.
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Edison Estevez
Wait, so if I had benefits in 2021 am I still at risk? I thought there was like a 2 year limit or something. This is making me nervous too because I definitely made some reporting errors when I was getting unemployment.
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Henry Delgado
The 3-year window I mentioned starts from when the overpayment occurred, not when you filed the claim. So if you had reporting errors in 2021, depending on when exactly they happened, you could still be within the audit window.
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Emily Nguyen-Smith
This reminds me of when my brother got audited by NYS Department of Labor. It was like 2 years after he stopped getting benefits and they said he owed back $1,800. He tried to fight it but honestly the whole process was such a nightmare. The paperwork, the phone calls, the stress... he ended up just setting up a payment plan. Sometimes I think they count on people being too overwhelmed to appeal.
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Yara Sayegh
I'm sorry to hear you're going through this anxiety - it's completely understandable to be worried about old claims. From what I understand, the key factor is usually whether the errors were intentional or honest mistakes. If you genuinely didn't understand the reporting requirements and weren't trying to defraud the system, that typically works in your favor. The fact that you're worried about it now actually shows you weren't trying to be dishonest back then. Have you kept any documentation from that time period that might help show your good faith efforts to report correctly?
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