Do I need a lawyer for unemployment appeal with NYS Department of Labor?
My unemployment claim got denied last month and I want to appeal the decision. The NYS Department of Labor sent me a notice saying I have 30 days to request a hearing. This is my first time dealing with an appeal and I'm wondering if I should hire a lawyer or if I can handle it myself? The denial was for 'voluntary quit' but I left because my employer wasn't paying overtime they owed me. Has anyone here gone through an appeal without a lawyer? What should I expect at the hearing?
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Emily Thompson
You don't necessarily need a lawyer for a NYS Department of Labor appeal hearing. Many people represent themselves successfully. Since your case involves unpaid overtime, you'll want to gather all documentation - pay stubs, work schedules, any communications about the overtime issue. The hearing is conducted by an Administrative Law Judge and it's less formal than regular court. You can present evidence and call witnesses if needed.
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Jacob Lee
•Thanks! What kind of evidence would be most helpful? I have some text messages with my supervisor about the overtime but not much else.
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Sophie Hernandez
I went through an appeal last year without a lawyer and won. The key is being prepared and organized. Make sure you understand exactly why they denied your claim and address each point directly. For a voluntary quit case, you need to prove you had good cause. Unpaid wages is definitely considered good cause in NY. Did you file a complaint with the Department of Labor about the unpaid overtime before you quit?
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Jacob Lee
•No I didn't file a complaint first. I just couldn't afford to keep working without getting paid properly. Will that hurt my case?
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Sophie Hernandez
•It might make it harder but not impossible. You'll need to show you tried to resolve it with your employer first. Any emails or texts about asking for the overtime pay will help.
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Daniela Rossi
honestly the whole appeal process is a nightmare... took me 3 months to get my hearing scheduled and then another month for the decision. but yeah you can do it without a lawyer if you have good documentation
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Ryan Kim
If you're having trouble getting through to NYS Department of Labor to ask questions about your appeal, I used this service called Claimyr (claimyr.com) that helped me reach an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Really saved me when I couldn't get answers about my hearing date.
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Zoe Walker
•Never heard of that before. Did they actually get you connected to someone who could help with appeal questions?
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Ryan Kim
•Yeah they got me through to someone in the appeals unit who explained what documents I needed to bring to my hearing. Way better than sitting on hold for hours.
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Elijah Brown
You should definitely consider getting a lawyer especially if there's money involved. My brother tried to do his appeal alone and lost even though he had a good case. Sometimes it's worth the cost to have someone who knows the system.
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Emily Thompson
•While lawyers can be helpful, many successful appeals are handled pro se. It really depends on the complexity of the case and how comfortable you are presenting your side.
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Maria Gonzalez
same situation happened to my cousin last year but with unpaid sick leave instead of overtime... she represented herself and won but it took forever to actually get her benefits started again
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