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?
24 comments


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
•Thank 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
•Thanks 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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Khalid Howes
•That's really good advice about keeping documentation. I wish I had been more organized back then - I think I have some old pay stubs and bank statements but I'm not sure if I kept the actual unemployment correspondence. You're right that I wasn't trying to be dishonest, I was just overwhelmed trying to figure out the system while dealing with job loss. Do you think it's worth trying to gather whatever old records I can find just in case?
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Elijah Brown
•Absolutely worth gathering whatever documentation you can find! Even if it's not complete, having some records shows you're taking this seriously and trying to be transparent. Pay stubs, bank statements, and any emails or letters from that time could all be helpful. I'd also suggest writing down what you remember about your reporting process - like what confused you and how you tried to figure out the requirements. Sometimes showing your thought process can demonstrate good faith effort even if the outcome wasn't perfect.
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Layla Sanders
I totally understand your anxiety about this - I went through something similar a few years ago. The waiting and not knowing is honestly the worst part. One thing that helped me was realizing that if it truly was an honest mistake due to confusion about the reporting requirements (which sounds like your situation), the consequences are usually much less severe than if they determine it was intentional fraud. Many people get confused about whether to report gross vs net income, or how to handle partial work weeks. The system isn't always clear about these requirements. If you do get contacted for an audit, being upfront about the confusion and showing that you tried to comply in good faith can make a big difference in how they handle it.
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Zoe Papanikolaou
•Thank you so much for sharing your experience - it really helps to hear from someone who went through something similar. You're absolutely right that the waiting and uncertainty is the most stressful part. I keep second-guessing myself about whether I reported things correctly back then. It's reassuring to know that being upfront about confusion can help if an audit does happen. Did you end up having to pay anything back in your case, or were they understanding about the honest mistake aspect?
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Carlos Mendoza
I've been in a similar situation and can relate to that anxiety. What helped me was understanding that NYS Department of Labor does make distinctions between different types of errors. If you can demonstrate that you were genuinely trying to comply but got confused by the reporting requirements, that typically results in much more lenient treatment. The confusion between gross vs net earnings is actually really common - I've seen this issue come up frequently in community discussions. If you're still within any applicable timeframe and they do reach out, having a clear explanation of what confused you and any attempts you made to get clarification can be really valuable. Try not to lose sleep over it - the fact that you're concerned about doing the right thing suggests this was an honest mistake rather than intentional fraud.
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Darcy Moore
•This is such helpful perspective, thank you for sharing! The gross vs net earnings confusion is exactly what I was dealing with - I remember going back and forth on whether I should report what I earned before taxes or after deductions. It's reassuring to hear that this is a common issue and that demonstrating good faith effort matters. I think what's making me most anxious is just not knowing if they're even looking at old cases or if I'm worrying about nothing. But you're right that the fact I'm concerned about doing the right thing probably speaks to my intentions back then. I really appreciate everyone sharing their experiences - it helps me feel less alone in this worry.
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Melissa Lin
I completely understand your anxiety about this - it's such a stressful situation to be in. From what I've learned about NYS unemployment audits, they typically focus more on patterns of intentional fraud rather than isolated reporting errors made in good faith. The fact that you were confused about the reporting requirements (which honestly, many of us were!) and weren't deliberately trying to game the system really matters in how they evaluate cases. One thing that might help ease your worry a bit - most audits I've heard about happen much sooner after the benefit period ends, not years later unless there's a specific red flag that triggers a review. That doesn't mean it can't happen, but it might be less likely than your anxiety is telling you. If you do get contacted, remember that being honest about the confusion you experienced and showing any documentation you have from that time can really help demonstrate your good faith effort to comply with the requirements.
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Lincoln Ramiro
•Thank you so much for this thoughtful response - it's exactly what I needed to hear right now. You're absolutely right that my anxiety is probably making this seem worse than it likely is. The point about most audits happening sooner rather than years later is really reassuring, and it makes sense that they'd focus on patterns of intentional fraud rather than one-off confusion about reporting requirements. I keep reminding myself that I was genuinely trying to do the right thing back then, even if I didn't always understand the rules perfectly. It's helpful to know that demonstrating good faith effort can make such a difference in how cases are evaluated. I think I'm going to try to gather what documentation I can find from that period, just to be prepared, but also try to stop letting this consume so much of my mental energy. Really appreciate you taking the time to share such a balanced and realistic perspective!
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Sean O'Donnell
I really feel for you - this kind of uncertainty about old claims can keep you up at night. From what I understand about NYS Department of Labor audits, the timing and approach really depends on several factors. While they do have the legal authority to go back several years (as others have mentioned, typically 3 years for overpayments, potentially longer for suspected fraud), in practice most routine audits happen much closer to when benefits were received. The key thing that works in your favor is that you're clearly demonstrating good faith - the fact that you're worried about this and acknowledging you may have made honest mistakes shows your intent wasn't fraudulent. The confusion between reporting gross vs net earnings, or how to handle partial work weeks, is incredibly common and something many people struggled with, especially during 2019-2020 when so many were navigating unemployment for the first time. If you haven't heard anything by now, there's a decent chance you may not. But if you do get contacted, having documentation from that period and being able to explain your thought process and the confusion you experienced can make a significant difference in how they handle your case. Try not to let this consume too much mental energy - what's done is done, and your intentions matter.
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Zainab Yusuf
•Sean, this is such a compassionate and well-balanced response - thank you for taking the time to write this out. You've really captured what I think many of us in this situation are feeling. The point about most routine audits happening closer to when benefits were received is particularly reassuring, and you're absolutely right that 2019-2020 was such a chaotic time when so many people were navigating unemployment systems for the first time. The reporting requirements honestly weren't as clear as they could have been, especially for those of us juggling part-time work while on benefits. I really appreciate the reminder that intentions matter and that demonstrating good faith can make such a difference. It's easy to spiral into worst-case scenarios, but your perspective helps ground things in reality. I think I'm going to follow the advice others have given about gathering whatever documentation I can find, just to be prepared, but try to stop letting this dominate my thoughts so much. Thanks again for such a thoughtful response - it means a lot to know others understand this kind of worry.
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Callum Savage
I can really understand the stress you're going through with this - that lingering worry about old unemployment claims is something that can really weigh on you. From what I've seen in similar situations, the fact that you're genuinely concerned about having done things correctly actually works strongly in your favor. It shows your intent was never to defraud the system, but rather that you were trying to navigate confusing requirements during an already stressful time. The reporting confusion you mentioned about part-time work hours is incredibly common, especially during that 2019-2020 period when so many people were dealing with unemployment benefits for the first time. The instructions weren't always crystal clear about things like gross vs net reporting or how to handle irregular work schedules. While I can't guarantee anything about audit timelines, I will say that most of the audit cases I've heard about tend to happen much sooner after the benefit period rather than years later, unless there are specific red flags that trigger a review. The 3-year statute of limitations mentioned by others is accurate for most overpayment situations. If you're really losing sleep over this, it might be worth consulting with someone who specializes in unemployment law just to get a professional assessment of your situation. But try not to let this consume too much of your mental energy - the anxiety is often worse than the actual outcome, especially when you acted in good faith.
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