When do you have to pay unemployment benefits back to NYS Department of Labor?
I'm really confused about when NYS Department of Labor makes you pay back unemployment benefits. My friend told me if you get hired while collecting UI you have to pay it all back but that doesn't sound right? I've been getting weekly payments for 8 weeks and just got a part time job offer. Do I need to worry about paying unemployment back to NYS Department of Labor if I take this job? Also heard something about overpayments but not sure what triggers those. Can someone explain when you actually have to pay back unemployment money?
12 comments


Amina Bah
Your friend is mixing things up. You don't automatically pay back unemployment just because you get a job - that's the whole point of the program! You DO have to report any work and earnings on your weekly claim certification. NYS Department of Labor will reduce your weekly benefit amount based on what you earn. You only have to pay back benefits if there was an overpayment due to unreported work, fraud, or if you weren't actually eligible for benefits during certain weeks.
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Paolo Longo
•Oh that makes way more sense! So as long as I report the part time work honestly I should be fine?
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Oliver Becker
The main situations where NYS Department of Labor makes you repay unemployment: 1) You didn't report work/earnings and they find out later 2) You were denied after an appeal and had been getting benefits during the appeal process 3) You got benefits for weeks you weren't actually eligible (like if you moved out of state) 4) Identity fraud cases. Just getting a job doesn't trigger repayment - you just stop filing weekly claims once you're working full time again.
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CosmicCowboy
•What about if they say you quit your job voluntarily but you thought you were laid off? Do you have to pay that back too?
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Oliver Becker
•Yes unfortunately if NYS Department of Labor determines you quit voluntarily after an investigation, you'd have to repay benefits received during that adjudication period. That's why it's important to appeal disqualifications if you disagree.
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Natasha Orlova
ugh the whole system is so confusing!! I got an overpayment notice last year for like $800 because apparently I reported my hours wrong on one week. Had to set up a payment plan with NYS Department of Labor. They're pretty strict about getting their money back once they decide you owe it.
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Javier Cruz
•Did you try appealing the overpayment determination? Sometimes those calculation errors can be disputed if you have documentation showing you reported correctly.
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Emma Thompson
I had trouble reaching NYS Department of Labor when I got an overpayment notice and needed to understand why. Kept getting disconnected after waiting on hold forever. Finally used Claimyr to get through to an actual agent who explained the calculation error. You can check out their demo at https://youtu.be/qyftW-mnTNI - made the whole process way less stressful than trying to call directly. The agent was able to walk me through exactly which weeks triggered the overpayment.
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Malik Jackson
•Never heard of that service but honestly anything beats sitting on hold for 3 hours just to get hung up on
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CosmicCowboy
Bottom line - you pay back unemployment if NYS Department of Labor says you weren't entitled to specific payments you already received. Getting a new job just means you stop collecting going forward. The key is being totally honest on your weekly certifications about any work or earnings.
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Dylan Evans
Thanks everyone for clarifying this! I was getting really stressed thinking I'd have to pay everything back just for getting a job. So to confirm - as long as I report my part-time earnings accurately on my weekly certification, NYS Department of Labor will just adjust my benefit amount accordingly? And I only risk having to pay money back if I don't report income or if there's some other eligibility issue they discover later? This is such a relief because that part-time job would really help me transition back to full-time work eventually.
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Omar Farouk
•Exactly right! You've got it - report your part-time earnings honestly on your weekly certification and NYS DOL will just reduce your benefit amount based on their earnings formula. You won't owe anything back as long as you're truthful about your income. The part-time work is actually a great way to transition back into the workforce while still getting some unemployment support. Just make sure to keep track of your hours and wages so you can report them accurately each week.
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