At your hearing make sure you dress professionally and speak clearly. The ALJ wants to see that you take it seriously. Also if you have any union representation or employee handbook provisions about progressive discipline, bring those. Good luck!

I went through a similar misconduct appeal in NYS last year and won! Here's what really helped me: 1) Bring a timeline of events with dates showing when you received conflicting instructions, 2) If possible, get written statements from coworkers who witnessed the confusion about safety protocols, 3) Highlight any gaps in your training - the ALJ needs to see that your employer failed to provide adequate guidance. During the hearing, stay calm and factual. Don't get defensive, just explain how the conflicting instructions led to your confusion. The fact that you received three warnings over six months actually works in your favor - it shows a pattern of trying to correct behavior rather than willful disregard. You've got this!

same boat here, employer said I was insubordinate but really I just questioned a safety issue. like isn't that what we're supposed to do?? this whole system is rigged against workers

I went through a misconduct appeal last year and won! The key thing that helped me was getting organized early. Create a timeline of events with dates, save every piece of documentation (emails, texts, employee handbook, any written warnings), and write down exactly what happened from your perspective while it's still fresh. Also check if your employer has an internal grievance process you should follow first - sometimes that's required before the DOL appeal. The hearing officers are actually pretty fair if you come prepared with facts. Don't give up, a lot of these misconduct determinations get overturned when employees actually fight them!

Make sure you attend the hearing! I know someone who didn't show up thinking they could just submit paperwork and they lost automatically. The judge needs to hear from you directly about what happened.

Another important tip - if your employer claims you violated a specific policy, ask them to produce the written policy during the hearing. Many employers rely on vague or unwritten "rules" that wouldn't hold up under scrutiny. Also, check if you ever received an employee handbook or signed acknowledgment of the policy they say you violated. The burden is on them to prove you knew about the rule AND willfully violated it. I've seen cases where employers couldn't even produce the policy they claimed was violated.

Wait, I'm confused about something similar. If I worked one day but forgot to report it on my weekly claim, is that considered an overpayment? I only made like $80 that day but now I'm worried I'll owe money back.

I was in a similar situation a few months ago and decided to proactively contact NYS Department of Labor when I realized I had underreported my part-time earnings. It was definitely nerve-wracking, but the representative I spoke with was actually helpful and appreciative that I came forward voluntarily. They had me submit corrected information and calculated the overpayment amount - ended up being around $900. Since I reported it myself, they waived any potential penalties and just required repayment through monthly deductions from my remaining benefits. My advice would be to contact them sooner rather than later if you're confident you made an error. The longer you wait, the more it might look like you were trying to hide something.

Dont stress too much! Your new job is what matters here. The old job is just being petty tbh

Been through something similar - you should be good as long as you worked enough at the new job to qualify. The most recent separation (your layoff) is what matters for eligibility, not the previous quit. When filling out those forms, be clear about the timeline: quit old job in January for better opportunity, worked new job until laid off in March. Keep it simple and factual. The old employer is probably just trying to avoid their UI tax going up but it shouldn't affect your claim since your qualifying wages came from the new job.