Just went through this process two months ago and won my appeal! A few practical tips: 1) Write down your key points beforehand and stick to them - don't let the employer's accusations throw you off track. 2) If you have any witnesses (coworkers who can verify the safety issues), make sure they're available during the hearing time. 3) The judge will ask you directly about the circumstances of your termination, so practice explaining the timeline clearly. 4) Don't be afraid to ask the judge to repeat questions if you didn't hear clearly - it's a phone hearing so audio can be spotty. Most importantly, emphasize that your safety complaints were made in good faith and that the "performance issues" only came up after you complained. Good luck!

I had my hearing about 6 months ago and won, so hopefully I can help ease some anxiety. The phone format actually worked in my favor - I had all my notes spread out in front of me and could reference everything without feeling rushed. One thing that really helped was creating a simple timeline document with dates of when I made safety complaints vs when the performance issues suddenly started being documented. The judge asked very specific questions about timing, and having that chronological order ready made me sound much more credible than my employer who kept fumbling through papers. Also, don't worry too much about legal terminology - just tell your story clearly and factually. The administrative law judges handle these cases all day and can usually spot retaliation pretty easily when the evidence supports it. You've got this!

@Mei Wong - definitely file right away! I went through something very similar when I got let go from a retail job for not meeting sales targets. The key thing that helped my case was documenting that I was making good faith efforts to improve - sounds like you were too since you were hitting 70-75 packages when the target was 85. That's not a huge gap and shows you were capable, just maybe needed more training or time to reach full productivity. Also keep records of those verbal warnings if you have any texts or emails about them. NYS Department of Labor will likely approve your claim since this sounds like a legitimate performance issue rather than misconduct. Don't stress too much - you've got this!

I was in a very similar situation about 6 months ago - got let go from a manufacturing job for not meeting production quotas despite genuinely trying my best. The whole process felt really intimidating at first, but I'm glad I filed right away. NYS Department of Labor was actually pretty fair in reviewing my case. The key thing that helped was being completely transparent about what happened and showing that I was making good faith efforts to improve my performance. They did contact my former employer during the adjudication process, but since it was clearly a performance issue rather than misconduct, my claim was approved. Just make sure to file online as soon as possible and be prepared for it to take a couple weeks for them to make their determination. You've got solid grounds for approval based on what you've described - hang in there!

Hope it works out for you! The waiting is the worst part but at least you can file right away.

I went through a similar situation when I got terminated for attendance issues related to childcare problems. The most important thing is to document everything - keep records of your sick child's doctor visits, daycare policies about sick kids, any communication with your supervisor about the situation. When NYS Department of Labor reviews your case, having this documentation really helps show it wasn't willful misconduct. Also, don't be discouraged if your employer contests the claim - that's pretty common but doesn't mean you won't get approved. The adjudication process can take a few weeks but they'll look at all the facts. File your claim ASAP and be completely honest about everything that happened.

The NYS Department of Labor system is so broken. They make you jump through hoops even when you deserve benefits. I got fired for 'performance issues' which was basically my boss not liking me, and they still made me wait 6 weeks while they 'investigated.' Meanwhile bills don't stop coming. Good luck dealing with their bureaucracy.

I went through something similar when I got let go for attendance issues last year. The NYS Department of Labor will review your case individually - they look at whether you had good cause for the absences and if your employer followed their progressive discipline policy. Since you have documentation of car trouble, make sure to gather any repair receipts or records showing when your vehicle broke down. Also check if your employer has a written attendance policy - sometimes they don't follow their own procedures which can work in your favor. File your claim as soon as possible because even if approved, there's usually a one-week waiting period before benefits start.

Just apply and see what happens. Worst case they say no and you appeal. I've been through this process twice and honestly you never know how it'll go until you try.

@Fiona Sand definitely include those doctor's notes when filing! Medical absences with proper documentation are usually not considered willful misconduct. When you file online or over the phone, there's usually a section where you can explain the circumstances of your termination - mention that you had legitimate medical reasons with documentation. NYS Department of Labor needs to see the full picture from the start. Also keep copies of everything including any communication with your supervisor about the absences.