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Ava Thompson

What happens if I keep collecting unemployment while working - NYS Department of Labor penalties?

I've been getting unemployment for about 6 weeks now and just started a part-time job last week. I know I'm supposed to report my earnings when I file my weekly claim but I'm confused about what exactly counts as work. Like if I work 15 hours and make $300, do I still get some unemployment or does it get cut off completely? And what happens if someone doesn't report their work - I'm not planning to do that but I'm curious about the penalties since a coworker mentioned something about people getting in trouble for this.

You MUST report all work and earnings when you file your weekly claim certification. NYS Department of Labor has a partial benefit formula - you can earn up to $405 per week before your benefits get reduced, and you can earn up to $525 before you lose benefits entirely for that week. Not reporting work is considered fraud and can result in disqualification, overpayment demands, and even criminal charges.

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Thank you! So if I make $300 working 15 hours, I should still get some unemployment benefits for that week? And I definitely need to report it when I do my weekly certification?

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yeah you have to report everything or they'll come after you. my friend didn't report some cash work and NYS Department of Labor found out somehow and now he owes like $4000 back plus penalties

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How did they find out about cash work? That's scary that they can track that stuff down

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The consequences for not reporting work while collecting unemployment are serious. NYS Department of Labor can impose a 10-week disqualification period for the first offense, plus you'll have to repay all benefits received during that time. They also charge a 15% penalty on top of the overpayment amount. For repeated offenses or large amounts, they can refer cases for criminal prosecution.

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This is why I always tell people to be honest on their weekly claims. It's never worth the risk - NYS Department of Labor has computer systems that cross-check with employers and the IRS.

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ugh the whole system is so confusing though!! like what if you do gig work or freelance stuff, how are you supposed to estimate your earnings when you file your weekly claim if you haven't been paid yet?

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For gig work or freelance, you report earnings for the week you performed the work, not when you get paid. So if you drive for Uber on Monday and make $200, you report that $200 on your weekly claim for that week even if Uber doesn't pay you until the following week.

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I had trouble reaching NYS Department of Labor when I had questions about reporting part-time work earnings. Kept getting busy signals and disconnected calls. Finally used this service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo showing how it works: https://youtu.be/qyftW-mnTNI. The agent was able to explain exactly how the partial benefit calculation works for my situation.

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That's really helpful - I've been trying to call NYS Department of Labor for days with no luck. I'll check out that service since I want to make sure I'm doing everything correctly.

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Just be honest on your weekly claims and you'll be fine. The partial benefit thing actually works pretty well - you can make some money working part-time and still get some unemployment to help cover your bills.

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I went through something similar when I started part-time work while on unemployment. The key thing to remember is that NYS uses a formula where they reduce your weekly benefit amount by 25% of what you earn over $50. So if your weekly benefit is $300 and you earn $300 from part-time work, you'd get $300 - (0.25 × $250) = $237.50 in unemployment benefits that week. Always report your gross earnings (before taxes) for the week you actually worked, not when you get paid. The system is designed to encourage people to work part-time while looking for full-time employment, so don't let fear keep you from being honest about your earnings.

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Thank you for breaking down the formula! That's super helpful to see the actual calculation. So in my case with making $300 from 15 hours of work, I'd still get a decent amount of unemployment benefits. It's reassuring to know the system is set up to help people transition back to work rather than punish them for taking part-time jobs.

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I'm dealing with a similar situation right now - started a new part-time retail job while still collecting unemployment. The weekly certification process asks very specific questions about work performed and earnings, so there's really no ambiguity about what you need to report. One thing that helped me was keeping detailed records of my hours and gross pay each week, including any tips or bonuses. NYS Department of Labor also has a work search requirement waiver if you're working part-time, which is a nice benefit. The partial unemployment system actually makes it easier to transition back to full-time work without the financial cliff you'd face if benefits cut off completely. Just make sure you understand whether your part-time job affects your work search requirements too.

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This is really helpful information! I'm new to navigating unemployment while working part-time and wasn't sure about all the details. The work search requirement waiver you mentioned is something I hadn't heard about - does that automatically apply when you start part-time work, or do you need to request it? I'm trying to make sure I stay compliant with all the requirements while I look for full-time employment.

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