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wait so you can appeal even after they already denied you?? I thought once NYS Department of Labor made a decision that was it. I got denied 2 months ago for 'voluntary quit' even though I was laid off and just gave up trying to fight it. is it too late for me to appeal now?
Unfortunately, you only have 30 days from the date on your determination notice to file an appeal, so if it's been 2 months you've likely missed that window. However, you might want to call NYS Department of Labor anyway to double-check - sometimes they'll accept late appeals if you have a really good reason for the delay (like serious illness or not receiving the notice). It's worth a shot since you were actually laid off and not a voluntary quit. @Freya Collins
wait hold up - does this actually work or is it just the usual BS? Seen way too many 'solutions' that end up being scams
I'm dealing with this exact same issue right now! Been stuck in this loop for 4 days where it just keeps showing my exhausted claim from 2023. So frustrating that there's no clear "file new claim" option when you're in this situation. Based on what everyone's saying here, sounds like calling is really the only option. Might try that early morning calling strategy or look into claimyr since I can't afford to spend weeks on hold. Thanks for posting this - at least now I know I'm not crazy and it's actually a system problem!
Make sure you keep all your WARN pay documentation! NYS Department of Labor will want to see the dates and amounts when they review your claim. Also don't forget you still need to do the job search activities during the WARN period even though you're not getting UI benefits yet.
Just went through this myself when my company closed last month. The key thing to understand is that WARN pay essentially "pushes back" when your unemployment benefits start, but it doesn't affect the total amount you're eligible for. Think of it as the state saying "you're still technically employed during those 60 days even though you're not working." I know it feels unfair, but filing immediately is still the right move because there can be delays in processing, and you want everything ready to go when that WARN period ends. Also, double-check if your employer is paying into the state system during those 60 days - that can affect things too.
definitely document EVERYTHING. dates times what was said who was there. i learned that the hard way when i tried to appeal my denial. also make sure you keep applying for jobs while your claim is being reviewed because they'll want to see your job search log either way
I went through something very similar with NYS Department of Labor about 6 months ago. Quit due to a hostile supervisor who was creating an unsafe work environment. The key thing that helped my case was keeping a detailed journal of incidents - dates, what happened, any witnesses present. I also had my doctor write a letter specifically stating that my work environment was contributing to my anxiety and recommending I remove myself from the situation for my health. It took about 8 weeks for them to make a decision, but I was approved. The medical documentation was crucial - make sure your doctor's notes specifically connect your health issues to the work environment, not just general stress. Also, if you ever complained to management about the conditions (even informally), try to get that documented somehow. Good luck!
Aisha Mohammed
Just my 2 cents but the NYS Department of Labor appeals system is a joke. They side with employers 90% of the time no matter what evidence you have. I appealed twice and lost both times even with clear documentation that I was wrongfully terminated. Good luck but don't get your hopes up.
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Ethan Campbell
•That's not true at all! I know several people who won their appeals including myself. You have to present your case clearly and have documentation to back up your claims.
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Nora Bennett
Hey Sean, I just went through this same situation a few months ago! The key thing is to be very specific about why the misconduct determination is wrong. When you file your appeal (which you can do online through ny.gov), write a detailed statement explaining your side of what happened. Include dates, names of witnesses, and any emails or texts that support your version of events. Also, if your employer didn't follow their own disciplinary policies before firing you, definitely mention that. The hearing is conducted by phone usually, and you'll get a chance to tell your story to an administrative law judge. Don't let the stress get to you - many people successfully overturn these decisions when they have good documentation and present their case clearly.
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