NY unemployment benefits forfeited vs offset - confused about penalty differences
I just tried to submit my weekly NY unemployment certification and discovered my benefits were forfeited for the week with no clear explanation why. The NYSDOL forfeiture notice just has an expiration date of 4/23/2025 but doesn't explain the specific reason. Some background: Earlier this year I received a penalty related to an issue from summer 2023. I had worked at a job for literally one hour but marked it wrong on my certification (apparently you have to mark a full day even for just an hour of work). When I got that penalty, they OFFSET my benefits (reduced payments) for about two weeks. I thought I'd paid that penalty completely since they took money from my benefits. But now I received another notice saying I still owe a $400 penalty, which is news to me. I thought the offset payments covered everything already. I'm really confused about: 1) Are these two issues connected? 2) Why did they FORFEIT my benefits this time instead of OFFSET them like before? 3) If they're not paying me at all for this week, doesn't that count as collecting the penalty I owe? 4) Why am I being both denied payment AND still penalized? Feels like double punishment. I've tried calling NYSDOL repeatedly but it's absolutely impossible to reach anyone. What should I do to get answers and straighten this out? Thanks for any help!
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PixelPrincess
This sounds like a case of different types of penalties being applied. Let me explain the difference: FORFEITURE means you lose entire weeks of benefits (no payment at all) OFFSET means they reduce your weekly payment amount to recoup what you owe Based on your situation, it sounds like you had: 1. An initial penalty for incorrect reporting that was handled via offset (reduced payments) 2. A separate penalty that's being handled via forfeiture (complete loss of benefits for specific weeks) The $400 penalty mentioned in the second notice is likely the monetary value of the forfeiture penalty. They're letting you know that you've been assessed a penalty worth $400, which they're collecting by forfeiting your benefits for certain weeks. They are connected in that both stem from the same original reporting issue, but they're different types of penalties being collected differently.
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Astrid Bergström
•Thank you for explaining! I had no idea there were different TYPES of penalties. So if my weekly benefit amount is around $200, does that mean they'll forfeit about 2 weeks of benefits to collect the $400? And do I need to keep certifying even when I know I won't get paid during forfeiture weeks?
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Omar Farouk
i had something similar happen last yr. u DEFINITELY need to keep certifying even during forfeiture weeks!!! if u dont certify they might think ur not looking for work anymore and close ur whole claim. the system is super strict about this
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Astrid Bergström
•Omg thank you for mentioning this! I was thinking of not bothering to certify during the forfeiture period. That would have been a huge mistake.
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Chloe Martin
You need to understand there are two separate penalty types in NY unemployment: 1) Forfeitures - complete loss of benefits for X number of weeks 2) Civil penalties - monetary amount you owe back to the system The first letter with expiration date 4/23/2025 is telling you how long your forfeiture penalty remains active. The second notice about owing $400 is a separate civil penalty. Both penalties can be applied simultaneously for the same violation. The monetary offset you experienced earlier was them collecting on the civil penalty portion, while now they're implementing the forfeiture portion by denying full weeks. The system distinguishes between these penalties because they serve different purposes - one is punitive (forfeitures) and one is repayment (civil penalties).
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Astrid Bergström
•That makes sense, although it seems really harsh to get hit with both types for what was an honest mistake about reporting one hour of work! Is there any way to appeal this or at least get clarification on exactly how many weeks will be forfeited? I need to budget accordingly.
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Chloe Martin
•Yes, you can appeal, but there's a strict 30-day deadline from when the determination was issued. Look for the appeal instructions on your determination notice. However, if this is from an issue that was already adjudicated earlier this year, an appeal now might be too late. For clarification on exactly how many weeks will be forfeited, you'll need to speak with a claims specialist directly. Unfortunately, that's where the real challenge begins - reaching someone.
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Diego Fernández
I went thru exacty the same thing in January!! The worst part is trying to get someone on the phone to explain anything! I spent HOURS redailing their number for days and just got the same automated message saying they were busy. Super frustrating when ur benefits are on the line and you cant even talk to a human to understand why!!
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Anastasia Kuznetsov
•When I was dealing with forfeiture issues last month, I was also getting nowhere with the regular NYSDOL phone lines. I finally tried Claimyr (claimyr.com) which got me connected to an agent in about 20 minutes instead of days of trying. Totally worth it to actually get someone on the phone who explained my penalty schedule and helped me understand what weeks I'd be getting paid vs. forfeited. They have a video showing how it works: https://youtu.be/Rdqa1gKtxuE The agent I spoke with was able to tell me exactly how many forfeiture weeks I had left and which certification dates would result in payment vs. no payment.
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Sean Fitzgerald
So to be clear, with forfeitures: 1. You MUST continue certifying every week even though you won't get paid during forfeiture weeks 2. Each week you certify during a forfeiture period counts as one week toward your penalty 3. Forfeitures expire on the date shown (in your case 4/23/2025) REGARDLESS of whether all penalty weeks have been served This means if you have 20 weeks of forfeitures but the expiration date comes first, you won't have to serve all 20 weeks. But if you miss certifying, those weeks don't count toward your penalty. So many people don't understand this and it causes huge problems! Keep certifying!
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Zara Khan
•wait so your saying that even if the OP has like 10 weeks of forfiture but the date passes before they use all 10 weeks then they dont have to serve the remaining weeks?? that doesn't sound right
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Sean Fitzgerald
•Yes, that's exactly right. The penalty expiration date is a hard deadline. Any unused forfeiture weeks essentially disappear after that date. This is clearly stated in the NY Unemployment Insurance handbook (though not many people read it). It's one of the few aspects of the system that actually works in claimants' favor.
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MoonlightSonata
idk but same thing happened to me but for a different reason. i messed up and worked a side gig without reporting it properly. got hit with BOTH a $600 penalty AND 4 forfiture weeks!!! the system is designed to punish us twice for the same mistake. SUCH BS!!!
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Astrid Bergström
UPDATE: I finally got through to someone and got answers! For anyone dealing with forfeitures vs offsets: 1. The two penalties ARE connected - both from my original reporting mistake 2. I have 2 forfeiture weeks to serve (no payment at all those weeks) 3. After serving those weeks, I still have $120 in civil penalties that will be collected through offsets 4. The expiration date (4/23/2025) means any penalties not served by then disappear Their explanation was that first-time violations with smaller amounts typically just get offsets, but repeat issues or larger amounts trigger forfeitures plus civil penalties. Thank you all for your help - especially the tip about continuing to certify during forfeiture weeks. That was critical info!
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PixelPrincess
•Thanks for the update! This is valuable information for others in similar situations. Always good to hear when someone finally gets resolution. Did they explain if the weeks must be consecutive, or if they just take any 2 weeks between now and the expiration date?
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Astrid Bergström
•They said forfeiture weeks are always served consecutively starting from your next certification. So in my case, the next 2 weeks I certify will be forfeited. After that, I'll start getting payments again but with a small offset until the remaining $120 is paid off. Definitely not ideal but at least I understand the system now!
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Diego Fernández
how did you manage to get through to someone?? ive been trying for days!!
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Astrid Bergström
•I used that Claimyr service someone mentioned above. I was skeptical but it actually worked - got me through to an agent in about 25 minutes instead of the endless busy signals I was getting before. Definitely worth it for something this important.
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Zara Khan
my cousin works for the state (not unemployment but diff department) and she told me that the forfeitures are considered the "penalty" part and the civil money payment is the "paying back what you shouldn't have received" part. that's why they hit you with both. one is punishment one is repayment. seems excessive but that's how they see it i guess
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