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Overpayment of Unemployment Calculation New York

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  • Overpayment of Unemployment Calculation New York

    I'm currently paying back $2,000 in unemployment overpayments due to over collecting in a financial crisis a few years ago. My question: if part of the money overpaid to me was taken from my earnings and then part from the employer-why am I paying myself back? I don't mind paying back the portion that my employer paid out to me in overpayments, but it seems like they are taking money from me that I already gave them. I also wouldn't even mind if my portion of the payments was just deducted from my unemployment "bank" and made unavailable to me. Does anyone know how this is calculated or if there is any way to reconcile this issue?

  • #2
    Huh???????? I'm confused.

    Who, exactly, are you "paying back"? Are you writing a check? Are your current paychecks being garnished?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      My question: if part of the money overpaid to me was taken from my earnings and then part from the employer-why am I paying myself back? Because you received the money and you have to pay it back. FYI, you did not pay anything off your paycheck towards unemployment benefits. UC benefits are funded entirely by a payroll tax paid by employers. Your employer is entitled to have their UC fund (which is administered by the State) restored with the funds that shouldn't have been paid to you.

      UC laws do not allow for you to "debit" overpayments you received against any UC claims you may make in the future.

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      • #4
        Originally posted by Pattymd View Post
        Huh???????? I'm confused.

        Who, exactly, are you "paying back"? Are you writing a check? Are your current paychecks being garnished?
        Patty, I think the poster erroneously believes he paid towards funding UC benefits through payroll deductions. Lots of people think that for some reason.

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        • #5
          Re: Overpayment

          I'm paying back the NYS Department of Labor Default Unit. I was working and collecting at the same time, stupid I know, and the caught me. I write them a check for $50's a month, if I miss payments they threaten to garnish my wages. So, as this has been going on for some time; I just started wondering how this was calculated? And, if legally, they are allowed to make me pay back the portion that I contributed in the first place. Like I said, I don't mind that portion not ever being available to me as a future unemployment benefit, but it seems redundant. Not to mention, the company that contributed to that time period of my unemployment benefits is no longer in business.

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          • #6
            RE: Overpayment

            I see. So I am paying back only the employer cuz none of it was deducted my paycheck? So now I'm paying back a company that isn't in business anymore and it just goes back into the NYS Unemployment pot.

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            • #7
              You are NOT paying back the employer. You are paying back the STATE. The employer pays UI taxes at variable rate (of subject wages) that is assigned annually based on the employer's chargeable benefits in relation to what that employer has contributed. Regarding this employer no longer being in business? All that means is there is no employer account to restore the benefits to for purposes to affecting that company's benefit reserve ratio.

              It ALL comes out of the pot. The pot is funded by employer contributions. This may sound harsher than I mean it to, but the funding, benefit reserve ratios, restoration of chargeable benefits.........all that stuff doesn't change your situation one bit. As far as your overpayment, and your repayment of it, this is all a distinction without a difference.
              Last edited by Pattymd; 11-27-2007, 10:15 AM.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                RE: Overpayment

                Fair enough. Thanks for explaining it to me. I guess it makes it slightly less painful to put that check in the mail.

                sigh.

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                • #9
                  And, if legally, they are allowed to make me pay back the portion that I contributed in the first place. You didn't contribute anything in the first place. UC benefits are funded entirely by a tax that employers pay.

                  Sounds like you're lucky the State didn't prosecute you.

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                  • #10
                    Originally posted by Beth3 View Post
                    And, if legally, they are allowed to make me pay back the portion that I contributed in the first place. You didn't contribute anything in the first place. UC benefits are funded entirely by a tax that employers pay.

                    Except for my new state. *sigh*
                    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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