Do employers usually win unemployment appeals with NYS Department of Labor?
My former employer is appealing my unemployment benefits after I was terminated for what they claim was misconduct. I honestly think they're just trying to avoid paying higher UI taxes. I've heard mixed things about whether employers typically win these appeals or if the NYS Department of Labor usually sides with workers. Does anyone know the actual statistics or have experience with employer appeals? I'm really stressed about potentially having to pay back benefits if they win.
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Nia Thompson
From what I've seen, it really depends on the specific circumstances and how well each side documents their case. Employers need to prove misconduct was willful and substantial, not just poor performance. If you were fired for attendance issues or policy violations, they have a better chance. But if it was performance-related or a personality conflict, you're more likely to keep your benefits. The burden of proof is on the employer to show misconduct.
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Luca Greco
•That's reassuring. I was fired for supposedly not following procedures, but they never gave me any written warnings or training on these procedures. Do you think that helps my case?
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Mateo Rodriguez
I went through this exact situation last year. My employer appealed claiming I was fired for cause, but they couldn't provide any documentation of warnings or progressive discipline. The administrative law judge ruled in my favor because the employer's case was basically just their word against mine. Make sure you have any emails, performance reviews, or documentation that shows you were doing your job properly.
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Aisha Hussain
•How long did your appeal hearing take? I'm waiting for my date and getting anxious about the whole process.
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GalacticGladiator
If you're having trouble reaching someone at NYS Department of Labor to discuss your appeal or get status updates, I found this service called Claimyr that helped me get through to an actual agent. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really helped when I needed to clarify some details about my appeal timeline and what documents I should submit.
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Luca Greco
•Thanks, I'll check that out. I've been trying to call for weeks and keep getting disconnected or stuck in endless hold queues.
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Ethan Brown
honestly employers appeal EVERYTHING these days even when they dont have a case!! its so frustrating. they know most people wont fight it or will mess up the paperwork. but if you were doing your job and they cant prove otherwise then dont worry about it. the system is supposed to protect workers not companies trying to save money
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Yuki Yamamoto
I had a similar situation and ended up winning my appeal. The key was showing that my employer never clearly communicated their expectations or gave me a chance to improve. The ALJ seemed really focused on whether the employer followed their own policies for progressive discipline. If they skipped steps in their own handbook, that really hurt their case.
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Nia Thompson
•Exactly right. Employers who don't follow their own stated policies have a much harder time proving misconduct. It shows the termination was arbitrary rather than for legitimate cause.
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Carmen Ruiz
yeah my cousin went through this too and she won. just make sure you show up to the hearing and tell your side of the story clearly
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Andre Moreau
I work in HR and see these appeals regularly. Based on what I've observed, employers win maybe 40-50% of appeals, but it heavily depends on documentation. The strongest employer cases involve clear policy violations with written warnings, attendance records, or safety issues. Weaker cases are subjective performance issues or when employers can't produce proper documentation. NYS DOL tends to give workers the benefit of the doubt when evidence is unclear. Keep all your employment records, emails, and any communications about your termination. If they're claiming misconduct but never documented warnings or gave you a chance to correct issues, that significantly weakens their case.
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Omar Mahmoud
•This is really helpful insight from the HR perspective! The 40-50% win rate for employers makes me feel a bit better about my chances. Since you mentioned documentation being key - what if the employer is making claims about my performance that aren't backed up by any formal reviews or write-ups? They're saying I didn't follow procedures, but I never received any training materials or written policies about these specific procedures they're referencing.
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