What happens if you file unemployment while working - NYS Department of Labor consequences?
I'm really worried because I think I messed up badly. I was laid off from my full-time job in December and started collecting unemployment. Then in February I picked up some part-time work (like 15 hours a week) but I kept filing my weekly claims without reporting the work income because I thought since it was so few hours it didn't matter. Now I'm reading that you're supposed to report ALL work and earnings to NYS Department of Labor even if it's just a few hours. What kind of trouble am I in? Will they make me pay everything back? I've been getting benefits for about 8 weeks while working part-time.
13 comments


Connor Byrne
You need to contact NYS Department of Labor immediately and report this. Yes, you're required to report ALL work and earnings on your weekly claim certification, even if it's just one hour. The good news is that you can often work part-time and still receive partial unemployment benefits, but you have to report it properly. The amount of your benefit gets reduced based on your earnings, but you don't necessarily lose all benefits. Contact them right away to correct this - the longer you wait, the worse it looks.
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Zainab Abdulrahman
•Thank you for responding. Do you know if they'll automatically assume I was trying to commit fraud? I really wasn't trying to scam the system, I just didn't understand the rules properly.
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Yara Elias
This is actually pretty common and NYS Department of Labor deals with it all the time. The key thing is that you contact them yourself instead of waiting for them to find out. You'll likely get an overpayment notice for the weeks you didn't report work, but if you're proactive about fixing it they usually don't pursue fraud charges for honest mistakes. When you call, explain exactly what happened and ask about setting up a repayment plan if needed. Make sure you start reporting all work going forward on your weekly claims.
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Zainab Abdulrahman
•That makes me feel a bit better. I've been losing sleep over this thinking I was going to get arrested or something. I'll call them first thing Monday morning.
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QuantumQuasar
ugh good luck getting through to anyone at NYS Department of Labor on the phone... i've been trying to reach them for weeks about my own claim issues and either get busy signals or get hung up on after waiting for hours
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Keisha Jackson
•I had the same problem until someone told me about Claimyr. It's a service that calls NYS Department of Labor for you and gets you connected to an actual agent. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. I was skeptical at first but it actually got me through to someone within a few hours instead of days of trying myself.
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Paolo Moretti
Wait, so if I'm working like 10 hours a week at a coffee shop I'm supposed to report that? I thought unemployment was only if you weren't working at all. This is confusing.
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Connor Byrne
•Yes, you report ALL work, even if it's just a few hours. NYS Department of Labor has a formula where they reduce your weekly benefit amount based on what you earn, but you can still get partial benefits in most cases. It's not all-or-nothing.
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Amina Diop
THE SYSTEM IS SO MESSED UP!!! They make these rules so complicated that honest people like you end up in trouble just for not understanding their bureaucratic nonsense. Meanwhile people who actually commit fraud probably get away with it. I hope you get this sorted out without too much hassle.
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Oliver Weber
•I feel you on the frustration but the rules are actually pretty clear if you read the handbook they give you when you file. It says right in there to report all work and earnings.
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ElectricDreamer
I went through something very similar last year and want to reassure you that this is more common than you think. The key is being proactive like others have mentioned. When I called NYS Department of Labor to report my mistake, the representative was actually pretty understanding and walked me through the process. They classified it as an "inadvertent overpayment" rather than fraud since I came forward voluntarily. I did have to pay back the overpayment amount, but they let me set up a payment plan that deducted a portion from my future benefits rather than requiring a lump sum. The whole experience was stressful but much less scary than I had imagined. Just make sure you have all your employment records and pay stubs ready when you call - they'll need the exact dates and amounts you earned during those 8 weeks.
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NebulaNinja
•This is really helpful to hear from someone who actually went through it! The fact that they worked with you on a payment plan makes me feel much more hopeful. I've been gathering all my pay stubs and employment paperwork since I posted this, so I'll have everything organized when I call. Did they ask you for any other specific documentation besides the pay stubs and dates? And roughly how long did the whole process take to get resolved once you contacted them?
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Natasha Kuznetsova
I'm in a similar situation right now - working about 12 hours a week at a retail job while collecting unemployment benefits. After reading your post I'm realizing I might have made the same mistake by not reporting my part-time earnings. The whole process is really intimidating when you're already stressed about finances. Has anyone here actually had experience with how they calculate the partial benefit reduction? Like if I'm earning $150 a week from part-time work, how much would that typically reduce my weekly unemployment benefit? I want to understand what to expect before I call to report my situation.
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