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Andrew Pinnock

What happens if you lie to NYS Department of Labor unemployment - found out the hard way

So I'm writing this as a warning to anyone thinking about not being completely honest on their unemployment application or weekly claims. I made some really stupid decisions last year when I was desperate for money and now I'm dealing with the consequences. I didn't report some cash work I was doing while collecting benefits, thinking they'd never find out. Well, they did. Got a notice last month about an overpayment investigation and now they're saying I owe back $4,200 plus penalties. The letter mentions possible fraud charges and I'm honestly terrified. Has anyone been through this process? What should I expect? I know I messed up but I'm hoping there's a way to make this right without going to jail or something.

I understand you're scared, but you need to take this seriously. When NYS Department of Labor finds unreported income, they can pursue several actions: overpayment recovery, monetary penalties (usually 15% of the overpayment), disqualification from future benefits, and in serious cases, criminal fraud charges. The good news is that most cases are handled civilly unless the amount is very large or there's evidence of intentional sophisticated fraud. You should respond to their investigation request immediately and consider getting legal help. Document everything you can about the unreported work - dates, amounts, circumstances. Being cooperative now is your best chance of avoiding criminal prosecution.

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Thank you for the honest answer. The amount they're claiming is around $4,200 so hopefully that's not considered 'very large'? I'm definitely going to respond to everything they send me. Do you know if I should get a lawyer or can I handle this myself?

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You're looking at an overpayment determination and potentially a fraud penalty. NYS Department of Labor takes unreported income very seriously because it's considered intentional program violation. The process usually goes: investigation → overpayment notice → appeal opportunity (if you disagree) → collection actions. Since you admitted the unreported work was intentional, your best bet is full cooperation and setting up a payment plan. They can garnish wages, intercept tax refunds, or offset other benefits to collect. The 15% fraud penalty is standard but sometimes negotiable if you're cooperative.

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This happened to my brother in law. He ended up owing like $3,000 and they took it right out of his tax refund the next year. No criminal charges though.

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oh no this is exactly what I'm worried about happening to me!! I did some uber driving while collecting and reported most of it but definitely not all of it. How did they find out about your cash work? I'm so paranoid now that they're going to come after me too. Did you get any warning or did the investigation notice just show up out of nowhere?

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It just showed up in the mail completely out of nowhere. I think what happened is the person I was doing work for must have reported the payments somehow, maybe on their taxes? The letter had specific dates and amounts that were pretty accurate so they definitely had records of it somehow.

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Cross-matching with tax records, employer reports, and data analytics are common ways NYS Department of Labor discovers unreported income. If you're worried about past unreported earnings, you might want to voluntarily report them before they find out. It shows good faith and might reduce penalties.

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The system is so unfair honestly. They make it impossible to survive on unemployment alone and then punish people for trying to make ends meet. I get that lying is wrong but when you're facing eviction what are you supposed to do? Meanwhile rich people get away with tax fraud all the time. Sorry you're going through this OP, it's such bs.

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I mean I get the frustration but the rules are pretty clear about reporting ALL income. It's not like they hide this information, it's literally on every weekly claim form.

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If you're having trouble reaching NYS Department of Labor about your overpayment case, I had good luck using Claimyr to get through to an actual agent. They helped me get connected when I couldn't get through the regular phone lines for weeks. You can check out their demo at https://youtu.be/qyftW-mnTNI and their site claimyr.com. Might be worth it to talk to someone directly about your options for payment plans or appeal procedures rather than just waiting and worrying.

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Thanks I'll definitely look into that. I've been trying to call for days but keep getting the busy signal or getting disconnected after waiting on hold forever.

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Just want to say thanks for posting this because I think a lot of people don't realize how serious this stuff is. The unemployment office definitely has ways of finding out about unreported income and the penalties are no joke.

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I went through something similar a few years ago and I know how overwhelming it feels right now. The most important thing is to respond to everything they send you immediately and be completely honest going forward. In my case, I owed about $3,800 in overpayments plus penalties. I was able to set up a payment plan for $150/month which made it manageable. The criminal prosecution threat is scary but from what I've seen, they usually only pursue that for much larger amounts or repeat offenders. You might also want to check if you qualify for a waiver - sometimes they'll reduce penalties if you can show financial hardship or that the overpayment wasn't entirely your fault. Document everything and keep copies of all correspondence. This too shall pass, even though it doesn't feel like it right now.

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