What happens if I collect unemployment while working at NYS Department of Labor - caught working while claiming?
I made a huge mistake and I'm freaking out. I've been collecting unemployment for the past 6 weeks but I also picked up some part-time work at a restaurant that pays cash. I didn't report it on my weekly claims because I thought since it was cash they wouldn't find out. But now I'm reading online that NYS Department of Labor can cross-reference with other databases and I'm terrified they're going to find out. What exactly happens if they catch you working while collecting? Will I have to pay everything back? Could I go to jail? I only made like $200 a week but I certified that I wasn't working at all on my weekly claims.
12 comments


Miguel Herrera
You need to stop this immediately and contact NYS Department of Labor to report the unreported income. This is considered fraud and the consequences can be severe. You'll likely face an overpayment notice requiring you to pay back all benefits received while working, plus penalties and interest. In worst cases, it can result in criminal charges for unemployment fraud.
0 coins
Ava Thompson
•Oh god, I'm so stupid. Should I call them now or wait? I'm scared they're going to arrest me or something.
0 coins
Zainab Ali
The sooner you report this the better it will look for you. NYS Department of Labor does cross-match employment records with other state agencies and the IRS. Even cash jobs can be discovered through various means. You should be able to work part-time while on unemployment as long as you report it properly on your weekly claims - they just reduce your benefits accordingly.
0 coins
Ava Thompson
•I didn't know I could work part time! I thought any work would disqualify me completely. This is all so confusing.
0 coins
Zainab Ali
•That's a common misconception. You can work part-time and still collect partial benefits as long as you report all earnings. The key is being honest on your weekly claims.
0 coins
Connor Murphy
I had a friend who got caught doing the same thing last year. NYS Department of Labor hit her with a huge overpayment notice - she had to pay back like $4000 plus penalties. They also disqualified her from receiving any future benefits for a year. The good news is she didn't get arrested but it was a nightmare dealing with all the paperwork and payment plans.
0 coins
Ava Thompson
•A whole year disqualification?? That's terrifying. Did she have to pay it all back at once?
0 coins
Yara Nassar
If you're having trouble reaching NYS Department of Labor to report this (their phone lines are always busy), you might want to try claimyr.com - they help people get through to actual agents. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. In a situation like this where you need to speak to someone urgently about unreported income, it might be worth it to get through faster than waiting on hold for hours.
0 coins
StarGazer101
•Never heard of that service but honestly anything is better than sitting on hold with NYS Department of Labor all day.
0 coins
Keisha Jackson
The unemployment system is so confusing honestly!! I almost made the same mistake when I started a little side gig. Had no idea you could work part time and still get benefits. They really don't explain this stuff clearly anywhere.
0 coins
Miguel Herrera
To answer your original question more specifically: if NYS Department of Labor discovers unreported work, you'll receive an overpayment notice demanding repayment of all benefits received during the period you were working. They'll also likely impose a penalty (usually 15% of the overpayment amount) and could disqualify you from benefits for up to a year. In severe cases with intentional fraud, they can refer the case for criminal prosecution, though this is typically reserved for larger amounts or repeat offenders.
0 coins
Layla Mendes
I went through something similar a few months ago. The anxiety is terrible, but you really need to act fast. When I called to report my unreported earnings, the representative was actually pretty understanding since I was being proactive about it. They set up a payment plan for the overpayment that was manageable - around $50 a month. The key is calling them yourself before they discover it through their auditing process. It shows good faith and they're more likely to work with you on repayment terms. Don't let the fear paralyze you - the longer you wait, the worse it could get.
0 coins