Letter For Overpayment In New York
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FAQ
Section 193, subdivision 1(c), of the New York State Labor Law permits an employer to make deductions from an employee 's wages for "an overpayment of wages where such overpayment is due to a mathematical or other clerical error by the employer." Such deductions are only permitted as follows: (a) Timing and duration.
The balance shall be refunded by the comptroller out of the proceeds of the tax retained by him for such general purpose. Any refund under this section shall be made only upon the filing of a return and upon a certificate of the commissioner approved by the comptroller.
Notify any employee terminated from employment, in writing, of the exact date of such termination as well as the exact date of cancellation of employee benefits connected with such termination. In no case shall notice of such termination be provided more than five working days after the date of such termination.
The following is a list of some common reasons for denial: Voluntarily leaving work without good cause. Being discharged for misconduct connected with work. Not being able to work or available for work. Refusing an offer of suitable work. Knowingly making false statements to obtain benefit payments.
Appeal Rights You have the right to appeal an overpayment determination. You must submit your appeal in writing within 30 days of the mailing date on the Notice of Overpayment (DE 1444). You can still submit an appeal after the 30-day deadline, but you must provide the reasons why you missed the appeal deadline.
After you apply and your claim has been processed you will receive a Monetary Determination letter that will tell you how much you will be receiving weekly. We also offer calculators that can help you estimate your weekly unemployment insurance benefit amount.
Once your claim has been processed and reviewed you will receive a Monetary Determination letter in the mail (which will be sent to the address that was provided on your application). This letter will tell you if you are qualified to receive unemployment benefits and how much you will receive weekly.
Notify Employee: The Agency must immediately notify the employee, in writing, of the amount overpaid and the method of recovery. Recovery is done as 10% of the employee's biweekly paycheck. The employee has the opportunity to dispute the recovery and the amount to be recovered.
The Request for Reconsideration form can be found on our website here or you can find it in the Claimant Handbook. You can submit the form in one of the following ways: Fax: 518-457-9378. Mail: New York State Department of Labor, P.O. Box 15130, Albany, NY 12212-5130.
You were overpaid in error because <REASON>. Please contact me at <AGENCY PAYROLL OFFICER TELEPHONE NUMBER> to discuss your method of repayment by <FOUR CALENDAR DAYS FROM ABOVE DATE>. Failure to respond timely will result in the immediate recovery of the overpayment.
