Can you appeal unemployment denial from NYS Department of Labor - what's the process?
My unemployment claim was denied last week and I'm completely lost about what to do next. The letter from NYS Department of Labor says something about appeal rights but doesn't really explain how to actually do it. Has anyone here successfully appealed a denial? I was laid off from my restaurant job in December due to slow business and they're saying I quit voluntarily which is totally false. I need to know if it's worth fighting this or if I should just give up. The denial notice mentions a 30-day deadline but I'm not sure where to even start.
20 comments


Miguel Ramos
Yes you can definitely appeal! You have 30 days from the date on your denial letter to file an appeal. You'll need to submit a written request for a hearing - you can do this online through your my.ny.gov account or mail it in. Make sure you gather all documentation that proves you were laid off, not fired for misconduct. Employment letters, layoff notices, any emails about the downsizing, etc.
0 coins
Ava Martinez
•Thank you! Do I keep filing weekly claims while the appeal is processing or do I stop?
0 coins
Jenna Sloan
Yes, you absolutely can and should appeal this! The NYS Department of Labor appeal process is pretty straightforward once you know the steps. You need to file your appeal within 30 days of the denial notice date - don't miss this deadline. You can appeal online through your my.ny.gov account or mail in the appeal form that should have come with your denial letter. For a wrongful termination dispute like yours, gather any documentation you have about the layoff - emails, texts, witness statements from coworkers, anything that proves you were laid off and didn't quit.
0 coins
Raul Neal
•Thank you! I do have the email from my manager about the layoffs affecting multiple people. Should I include that with my appeal?
0 coins
Christian Burns
I went through this exact same thing last year with NYS Department of Labor. The key is being very specific in your appeal about why the denial was wrong. Don't just say 'I was laid off' - explain the circumstances, include dates, and attach any proof you have. The hearing will be over the phone and you'll get to tell your side of the story. My employer didn't even show up to the hearing so I won automatically.
0 coins
Sasha Reese
•How long did the whole appeal process take for you? I'm thinking about appealing mine too but worried about the timeline.
0 coins
QuantumQuasar
Keep filing your weekly claims! This is super important - even though you're denied, you need to continue certifying every week during the appeal process. If you win your appeal, you'll get back pay for all those weeks you certified. If you stop filing, you lose those weeks forever.
0 coins
Ava Martinez
•Got it, will definitely keep filing. Should I expect the appeal hearing to be in person or over the phone?
0 coins
Zainab Omar
Mine was over the phone last year. The hearing officer was actually pretty fair and let me explain my side. Make sure you have all your paperwork organized because they'll ask specific questions about dates and what exactly happened. Also if you have any witnesses who can verify you were laid off not fired, see if they'll participate in the hearing.
0 coins
Muhammad Hobbs
ugh the appeal process is such a hassle but you gotta do it if they got it wrong. i tried calling nys department of labor like 50 times to get someone to explain my denial and could never get through. ended up using this service called claimyr.com that actually got me connected to a real person at the department. they have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. might be worth checking out if you need to talk to someone before filing your appeal
0 coins
Raul Neal
•Never heard of that service before. Did it actually work for getting through to NYS Department of Labor?
0 coins
Connor Gallagher
I've been trying to reach someone at NYS Department of Labor about my appeal for weeks now but can never get through. The phone lines are always busy and my messages through the online system go unanswered. Recently found this service called Claimyr (claimyr.com) that helps you actually get connected to a real agent. They have a video demo showing how it works: https://youtu.be/qyftW-mnTNI. Might be worth checking out if you need to talk to someone about your appeal process.
0 coins
Ava Martinez
•That's exactly my problem - I can't get anyone on the phone to ask questions about my appeal. Thanks for sharing this!
0 coins
Yara Sayegh
the whole system is so messed up, they deny people left and right then make you jump through hoops to appeal. took me 3 months to get my benefits after winning my appeal. but dont give up if you know youre right
0 coins
Noland Curtis
The NYS Department of Labor appeal system is completely broken IMO. They make it so complicated on purpose to discourage people from fighting denials. But definitely appeal anyway because sometimes they reverse decisions just because the employer doesn't respond or participate in the hearing process.
0 coins
Keisha Johnson
Same thing happened to my neighbor last month - company called it 'performance issues' but it was really just budget cuts. She appealed and won but it took forever. Make sure you get everything in writing if you can.
0 coins
Diez Ellis
Wait I'm confused about something - if you appeal and lose, can you appeal again? Or is that it? Also do you have to keep filing weekly claims while the appeal is processing?
0 coins
Jenna Sloan
•Good questions! If you lose the first appeal, you can request a board review as a second level appeal. And yes, you should continue filing weekly claims during the appeal process even though you won't get paid until it's resolved. If you win the appeal, you'll get all the back payments.
0 coins
Raúl Mora
I went through this same situation with NYS Department of Labor about 8 months ago. Definitely appeal - you have nothing to lose and everything to gain. The 30-day deadline is firm, so don't wait. I filed my appeal online through my.ny.gov which was pretty straightforward. The hearing was conducted over the phone and lasted about 20 minutes. The hearing officer asked me to walk through exactly what happened when I was laid off, and I had my layoff notice and final paycheck stub ready to reference specific dates. My former employer didn't even participate in the hearing, which apparently happens a lot. I won my appeal and got about 6 weeks of back payments. The whole process took about 2 months from filing the appeal to getting my first check. Don't let them intimidate you - if you were truly laid off due to business reasons, you deserve those benefits.
0 coins
Jacob Lee
•This is really encouraging to hear! I'm in almost the exact same situation - laid off from restaurant work and they're claiming I quit. Did you need to provide any witness statements or was your layoff documentation enough? I have the email from my manager about the layoffs but wondering if I should try to get former coworkers to back up my story too.
0 coins