What happens if you have an overpayment of unemployment - NYS Department of Labor consequences?

NYS Department of Labor overpayments can be collected several ways. They can offset your state tax refunds, garnish wages (up to 10% usually), or take future unemployment benefits if you file again. You should have gotten an appeal form with that notice - you have 30 days to contest it if you think it's wrong. The overpayment stays on your record until it's paid off completely.

ugh this happened to me too last year! they said i didnt report some work hours correctly even though i swear i did everything right. took forever to sort out

If you can't reach NYS Department of Labor by phone (which is super common), try using Claimyr at claimyr.com - they help you get through to actual agents. There's a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. I used it when I had questions about my overpayment and actually got to talk to someone instead of sitting on hold forever.

You can also set up a payment plan if you can't pay the full amount at once. NYS Department of Labor will work with you on that. Don't ignore it though - the penalties and interest add up quickly if you don't respond to the notice.

The whole overpayment system is such a mess. They make mistakes all the time and then put the burden on us to prove we're right. I fought mine for 6 months before they finally admitted their error.

I went through this exact situation about 8 months ago. The first thing you should do is request all the documentation they used to determine the overpayment - sometimes there are errors in their records. You can request a waiver if the overpayment wasn't your fault (like if they gave you incorrect information). Also, if you're currently working, yes they can garnish your wages, but in NY it's typically limited to 10% of your disposable income. Don't wait too long to respond though - the sooner you contact them, the more options you'll have.

I had a similar overpayment issue two years ago and here's what I learned: First, don't panic - you have rights and options. The 30-day appeal window is crucial, so if you didn't get the appeal form, definitely call or visit their office to get one. In my case, the overpayment was due to a reporting error on my employer's side, not mine. When I appealed with documentation proving my side, they reduced the amount significantly. Also, if you do end up owing money, they're usually reasonable about payment plans - I paid mine off over 12 months with no issues. The key is to respond quickly and keep all your documentation organized.

I'm going through something similar right now - got an overpayment notice for $1,200 last month. What I've learned so far is that you definitely want to act fast on this. The appeal deadline is really strict (30 days from the notice date), so if you didn't get the appeal form, call them immediately. I found out that sometimes the overpayments happen because of employer reporting errors or system glitches on their end. Even if you think you reported everything correctly, it's worth challenging if you have any doubts. The worst part is that once they start collection, it's much harder to stop the process. I'm still waiting to hear back on my appeal, but at least I know I won't have any wage garnishment while it's being reviewed.

I went through this exact same situation about a year and a half ago - got hit with a $3,200 overpayment notice that completely blindsided me. Here's what I wish I had known from the start: First, absolutely request all their documentation and records immediately. In my case, they had outdated employer wage information that was completely wrong. Second, if you're going to appeal, do it ASAP - that 30-day window is non-negotiable. Third, even if you don't think you have grounds for an appeal, consider requesting a waiver if the overpayment was due to their error or confusing instructions (this is different from an appeal). I ended up getting my overpayment reduced by about 60% after showing them their own system had given me contradictory guidance. The whole process took about 4 months, but it was absolutely worth fighting. Don't just accept it at face value - make them prove their case with documentation.

I'm dealing with a similar situation right now - just received my overpayment notice last week for $1,850. Reading through everyone's experiences here has been really eye-opening. I had no idea there were so many options like waivers and that you could request their documentation. My notice also didn't come with an appeal form, so I'm definitely going to call first thing Monday morning to get one. One thing I'm curious about - for those who successfully appealed or got waivers, how long did the whole process take from start to finish? I'm trying to plan financially since I don't know if this will drag on for months. Also, has anyone had success getting through to them via their online portal, or is calling really the only way to get real help?

I went through this nightmare about 6 months ago - got an overpayment notice for $2,400 that turned out to be completely wrong. Here's my advice: Don't assume they're right! In my case, they had mixed up my SSN with someone else's in their system. I spent weeks gathering every piece of documentation I could find - pay stubs, bank statements, screenshots of my weekly certifications, even printed emails from when I called with questions during my claim period. The key thing is to request a complete copy of your file from them immediately - you have a right to see exactly what information they used to calculate the overpayment. When I got my file, I found multiple errors including wages attributed to me that I never earned and benefit weeks I never claimed. It took about 3 months total to get it resolved, but they ended up owing ME money for the hassle. Don't give up - fight it if something seems off!

I'm currently dealing with this exact situation - got my overpayment notice about 3 weeks ago for $2,150. Reading through everyone's experiences here has been incredibly helpful and honestly a bit of a relief to know I'm not alone in this. I had the same issue with not receiving an appeal form with my notice, but I was able to get one by calling their main number (took about 2 hours on hold, but eventually got through). One thing I learned that might be helpful - when you call, ask specifically about the "overpayment determination process" and request they mail you not just the appeal form, but also a detailed breakdown of how they calculated the overpayment. They were actually pretty helpful once I got someone on the phone, and they explained that many overpayments are due to employer wage reporting discrepancies that get uploaded to their system months later. I'm still gathering my documentation before submitting my appeal, but wanted to share that the phone route does work if you're persistent with the hold times.