< Back to New York Unemployment

Giovanni Rossi

What happens if you owe NYS Department of Labor unemployment money - need advice

I just got a letter saying I owe the NYS Department of Labor $2,800 from my unemployment benefits last year. Apparently there was some kind of overpayment but I don't understand how this happened since I followed all the rules and reported my part-time work correctly on my weekly claims. The notice says I have to pay it back but doesn't explain what my options are. Has anyone dealt with owing unemployment money before? What happens if I can't pay it all at once? I'm really stressed about this.

You have several options when you owe an unemployment overpayment to NYS Department of Labor. First, you can request a waiver if the overpayment wasn't your fault. Second, you can set up a payment plan if you can't pay the full amount. Third, you can appeal the overpayment determination if you believe it's incorrect. The key is to respond within 30 days of the notice date. Don't ignore it because they can garnish wages, tax refunds, and future unemployment benefits.

0 coins

Thank you! How do I request a waiver? The letter doesn't mention that option anywhere.

0 coins

I went through this exact situation two years ago. NYS Department of Labor said I owed $3,200 because I didn't report some freelance income properly. I called them immediately and set up a $150/month payment plan. They were actually pretty reasonable about it. The worst part is they'll take any future unemployment benefits you might qualify for until it's paid off.

0 coins

Did they charge interest on the payment plan? I'm worried about owing even more money over time.

0 coins

No interest if you stick to the payment plan schedule. But if you miss payments they can add penalties.

0 coins

Dmitry Petrov

•

Wait hold on - if you reported your work correctly then this might be their mistake! I had something similar happen and it turned out NYS Department of Labor mixed up my case with someone else's. You should definitely appeal this before agreeing to pay anything. Get all your documentation together - pay stubs, your weekly claim confirmations, everything.

0 coins

I kept all my weekly claim printouts, thankfully. Should I appeal even if I'm not 100% sure it's wrong?

0 coins

StarSurfer

•

Getting through to NYS Department of Labor by phone to discuss overpayment options is nearly impossible with their call volume. I was stuck in this same situation and couldn't reach anyone for weeks. Finally used a service called Claimyr (claimyr.com) that helped me get connected to an actual agent who could explain my payment options. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Really saved me from just guessing what to do.

0 coins

Ava Martinez

•

Never heard of that service but honestly anything is better than spending hours on hold just to get disconnected.

0 coins

Miguel Castro

•

ugh the NYS Department of Labor overpayment system is such a nightmare!! they hit me with a $4000 bill out of nowhere and when i called to ask questions they were so rude about it. like sorry for not being an expert on your confusing rules! definitely try to get it reduced somehow because they'll come after you hard if you don't pay

0 coins

That's terrifying. What do you mean they'll come after you hard?

0 coins

Miguel Castro

•

they can garnish your wages, take your tax refund, and if you ever need unemployment again they'll take that too until its paid off. its brutal

0 coins

Been there. The key is documentation. Print out everything - your original application, all weekly certifications, any correspondence with NYS Department of Labor. If you can prove you followed their instructions correctly, you have a good shot at getting the overpayment waived or reduced. Don't just accept their determination without fighting it.

0 coins

Ava Martinez

•

Same thing happened to my brother last year except his was only like $800. He just paid it right away to avoid the hassle but now I'm wondering if he should have appealed it first. These overpayment letters seem pretty common unfortunately.

0 coins

AstroAce

•

I had a similar overpayment issue with NYS Department of Labor about 18 months ago. My advice: don't panic, but do act quickly within that 30-day window. First, gather ALL your documentation - weekly claim forms, correspondence, pay stubs, anything that shows you reported correctly. Second, call the overpayment unit directly (different from regular unemployment line) - the number should be on your notice. Third, if you truly believe you reported everything correctly, absolutely file an appeal AND request a waiver simultaneously. You can do both. The waiver process looks at whether the overpayment was due to agency error or circumstances beyond your control. Even if the waiver is denied, having documentation ready helps with setting up a reasonable payment plan. Don't let them intimidate you - you have rights in this process.

0 coins

Sydney Torres

•

This is really helpful advice! I'm curious about the waiver process - what kind of circumstances beyond your control did they accept? I'm worried that even though I reported everything correctly, they might still say it was somehow my responsibility. Also, do you know if there's a specific form for requesting a waiver or is it just something you ask for when you call?

0 coins

New York Unemployment AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today