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How to Rectify Overpayment of Unemployment After Misreporting

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  • 04-13-2014, 03:26 PM
    eaames888
    How to Rectify Overpayment of Unemployment After Misreporting
    What is the name of your state (only U.S. law)? NY

    I was laid off from my job in December and began collecting unemployment each week in January.

    Six weeks ago, I accepted a freelance position in which I was paid three times a week for writing a blog post for less than $20 each day. I was only getting <$50/week as a result of this. I had no idea, however, that that counted as one day's worth of work until I read the NYS handbook last night.

    What would be the best way to resolve this quickly? I did the math and it seems that if those days counted as full days, I would owe the DOL about ~$1,600. I have the means to pay it in full and the penalty if needed. (which would bring it to ~$1800)

    It was an honest mistake on my part due to my misunderstanding of what constituted a work day and I want to fix this ASAP. I am super worried that something bad will happen to me. I read some forums in this case that calling the DOL and trying to resolve the issue is a bad idea and that I should hire a lawyer but that to me seems extreme?

    Any advice appreciated.
  • 04-13-2014, 03:41 PM
    cbg
    Re: How to Rectify Overpayment / Misreporting
    Monday morning, first thing, pick up the phone, call the UI office, and explain what happened. They will investigate and determine if you were overpaid and if so, what to do about it.

    This is not, repeat, not, a criminal matter, at least right now. This is something that they WILL eventually catch on their own and it's far, far better for you to self-report the problem and offer to make amends than it is for you to wait for them to catch it and contact you. They are not interested in prosecuting unless you make it necessary by refusing to cooperate. Self-reporting IS considered cooperating. There is nothing to be afraid of in self-reporting an honest mistake. Trust me on this.
  • 04-14-2014, 02:52 AM
    llworking
    Re: How to Rectify Overpayment / Misreporting
    Quote:

    Quoting cbg
    View Post
    Monday morning, first thing, pick up the phone, call the UI office, and explain what happened. They will investigate and determine if you were overpaid and if so, what to do about it.

    This is not, repeat, not, a criminal matter, at least right now. This is something that they WILL eventually catch on their own and it's far, far better for you to self-report the problem and offer to make amends than it is for you to wait for them to catch it and contact you. They are not interested in prosecuting unless you make it necessary by refusing to cooperate. Self-reporting IS considered cooperating. There is nothing to be afraid of in self-reporting an honest mistake. Trust me on this.

    I agree with this but I would recommend that you report it as whatever amount of money you actually received each week for writing the blog, rather than the number of days a week you wrote the blog. Writing a blog is not a full day of work.
  • 04-14-2014, 06:29 AM
    cbg
    Re: How to Rectify Overpayment / Misreporting
    I recommend that you let the UI office tell you how they want it reported.
  • 04-14-2014, 09:00 PM
    chyvan
    Re: How to Rectify Overpayment / Misreporting
    NY has one of the most punitive partial benefit formulas. You could work 15 minutes at minimum wage for 4 days in a Monday to Sunday span, and your UI check will be zero. Even though you only made about $8, and your UI check would have been $405 if you'd done no work at all.

    Quote:

    Quoting llworking
    View Post
    I agree with this but I would recommend that you report it as whatever amount of money you actually received each week for writing the blog, rather than the number of days a week you wrote the blog. Writing a blog is not a full day of work.

  • 04-15-2014, 06:07 AM
    cbg
    Re: How to Rectify Overpayment / Misreporting
    Which does not change the fact that as long as the poster self-reports, they are unlikely to take any action beyond the repayment of any overage.
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