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Natalie Chen

First time unemployment appeal hearing tomorrow - what happens at an unemployment appeal hearing?

I have my NYS Department of Labor appeal hearing scheduled for tomorrow morning and I'm completely freaking out. My unemployment claim was denied because they said I quit voluntarily, but I was actually forced to resign due to unsafe working conditions. I've never been to any kind of hearing before and have no idea what to expect. What happens at an unemployment appeal hearing? Do I need a lawyer? Will my former employer be there? I've been without benefits for 6 weeks now and really can't afford to mess this up.

Don't panic! Appeal hearings are actually pretty straightforward. It's usually conducted by phone with an administrative law judge. Your former employer (or their representative) will likely participate. You'll both present your side of the story, and the judge will ask questions. Make sure you have documentation of the unsafe conditions - emails, photos, incident reports, anything that supports your case. The judge will explain the process at the beginning.

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Natalie Chen

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Thank you! I do have some emails about the safety issues. Should I have them printed out or can I read from my phone?

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I went through this exact same situation last year. The hearing lasted about 45 minutes. The judge will swear you in, then your employer presents their case first, then you get to tell your side. After that there's usually back and forth questions. You don't need a lawyer but make sure you speak clearly and stick to the facts. I had documented everything with HR about the safety violations which really helped my case.

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Natalie Chen

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Did you win your appeal? I'm so nervous about speaking up against my former boss.

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Yes, I won! The key was having documentation. The judge could see there was a clear pattern of safety issues that weren't being addressed.

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Nick Kravitz

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just had mine last month and it was way less scary than i thought. the judge was actually really nice and patient. took about 30 min total and i got the decision in writing 3 days later. as long as you have proof of what you're saying you should be fine

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Hannah White

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If you're having trouble getting through to NYS Department of Labor to ask questions about the hearing process, I used a 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. It was really helpful when I needed to clarify some details about my own appeal hearing procedures.

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Natalie Chen

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Thanks, I might need that if I have more questions after tomorrow.

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Michael Green

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Make sure you understand the difference between quitting and constructive discharge! If you were forced to quit due to unsafe conditions, that's constructive discharge and you should be eligible for benefits. Bring any witnesses if possible - former coworkers who can testify about the conditions. Also check if your state has specific laws about workplace safety that your employer violated.

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Natalie Chen

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I never heard the term constructive discharge before but that sounds exactly like my situation. I'll definitely mention that.

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Mateo Silva

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Good luck tomorrow! I'm dealing with something similar - my employer is claiming I was fired for cause but I was actually laid off. These hearings sound so intimidating but everyone here makes it seem manageable.

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