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I went through a NYS DOL hearing about 6 months ago for a wrongful termination appeal. Mine lasted almost 2 hours because my former employer brought their HR representative and a manager as witnesses. The administrative law judge was very thorough and wanted to hear from everyone involved. Since you mentioned having documentation and witness statements, I'd definitely recommend blocking off at least 2-3 hours like others have suggested. One thing that really helped me was creating a simple timeline document with dates and key events - the judge seemed to appreciate having everything laid out clearly. Also, don't be surprised if they ask you to explain the same incident from different angles. Good luck with your hearing!
That timeline document idea is brilliant! I hadn't thought of creating one but it makes perfect sense - having dates and events laid out clearly would definitely help keep things organized during questioning. I'm going to put one together this weekend. It sounds like 2-3 hours is the safe bet for planning purposes. Thanks for the practical advice!
I had my NYS DOL hearing about 3 months ago and it ended up being right around 90 minutes. My case was also a misconduct dispute where I had documentation to back up my side. The judge was very methodical - they went through each piece of evidence carefully and asked follow-up questions. What really helped was having everything clearly labeled and organized beforehand. I also made sure to stay calm and stick to the facts, even when my former employer made some pretty outrageous claims. The whole process was less intimidating than I expected, honestly. Since you have your documentation ready and witness statements, you're already ahead of the game. I'd echo what others said about blocking off 2-3 hours just to be safe, but don't stress too much about the length - focus on presenting your case clearly and you should do fine.
The system is so confusing though - how are regular people supposed to know the difference between misconduct and performance?? I've been dealing with NYS Department of Labor for months on a different issue and they make everything so complicated. Good luck OP, hope your claim goes smoother than mine has been.
@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!
This is such good advice! @Yuki Tanaka makes a great point about the gap not being huge - going from 70-75 to 85 packages per hour really does seem like something that could be improved with more time or training rather than willful underperformance. @Mei Wong I d also'suggest when you file online, emphasize that you were consistently working and trying to meet standards, just hadn t reached'the target yet. The fact that you maintained 70-75 consistently shows you weren t being'negligent or deliberately slow.
Don't give up hope! I was in a very similar situation - worked part-time retail with drastically reduced hours and didn't realize I qualified for partial unemployment benefits. I waited about 6 weeks before filing and was still able to get most of my back pay approved. The key things that helped me were: 1) Filing my initial claim immediately once I found out, 2) Having all my pay stubs organized to show the reduction in hours/earnings, and 3) Being persistent with follow-up calls. When you call to request backdating, be honest about not knowing you were eligible - that's actually pretty common and they understand it. The process took about 3-4 weeks total but I got approved for 5 out of the 6 weeks I requested. Definitely worth the effort given how much it helped with my finances during that tough period.
@Laila Fury That s'really helpful to know you got 5 out of 6 weeks approved! I m'wondering - when you called about backdating, did they ask you to provide any written explanation for the delay, or was the phone conversation enough? Also, did you file your initial claim online first and then call, or did you handle everything over the phone? I want to make sure I approach this the right way from the start.
@Laila Fury This gives me so much hope! I m'dealing with the exact same situation - retail hours got slashed and I had no idea partial benefits were even a thing. Did you have any trouble proving your hours were reduced enough to qualify? I m'worried they might say I m'still earning too much from my part-time work to get benefits, even though it s'barely enough to survive on. Also, when you say you were persistent with follow-up calls, how often did you call? I don t'want to be annoying but I really need this to work out.
just make sure she files right away! there's no waiting period for being older but you lose benefits for every week you don't file after becoming unemployed
This is really helpful information everyone! Just to add - your neighbor should also know that in New York, unemployment benefits can be collected for up to 26 weeks (though this can be extended during certain economic conditions). Since she's 67, she might also want to check if her employer offered any severance package that could affect the timing of when she starts receiving UI benefits. Also, the weekly benefit amount is based on her earnings history, so her part-time work over the past 3 years will determine how much she receives. The sooner she applies, the better - she can do it online at labor.ny.gov which might be easier than calling.
Sunny Wang
Just want to add that you'll need to start doing job searches right away as part of your weekly claims. Keep good records of where you apply because NYS Department of Labor can ask for your job search log at any time. Don't slack on this part even though you're dealing with the stress of the closure.
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Ava Garcia
Sorry to hear about your company shutting down - that's really tough! Just wanted to mention that when you file your claim, you might also want to ask about any additional programs NYS offers for workers affected by business closures. Sometimes there are retraining programs or extended benefits available. Also, if your employer owes you any final wages or unused vacation time, make sure to collect that separately from unemployment - it won't affect your UI eligibility but you want to get what you're owed before they close completely.
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