How do I appeal my unemployment denial with NYS Department of Labor?
Got my denial letter from NYS Department of Labor yesterday and I'm completely lost on what to do next. They said I was disqualified for misconduct but I disagree with their decision. The letter mentions something about an appeal process but it's confusing. Does anyone know the steps to appeal unemployment denial? How long do I have to file it and what documents do I need? Really stressed about this since I need these benefits to pay rent.
12 comments


Zara Khan
You have 30 calendar days from the date on your denial letter to file an appeal with NYS Department of Labor. Don't wait - that deadline is strict. You'll need to request a hearing online through your my.ny.gov account or by calling the appeals line. Gather any documentation that supports your case like emails, performance reviews, or witness statements that contradict the misconduct claim.
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Sean Fitzgerald
•Thanks! Is there a specific form I need to fill out or can I just write a letter explaining why I disagree?
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MoonlightSonata
I went through this exact same thing last year when NYS Department of Labor denied my claim for allegedly quitting without good cause. The appeal process is actually pretty straightforward once you know the steps. Log into your unemployment account and look for the 'Request Hearing' option. You can also mail or fax a written request but online is faster. Make sure you clearly state you want to appeal the disqualification decision and include your social security number.
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Sean Fitzgerald
•Did you win your appeal? How long did the whole process take?
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MoonlightSonata
•Yes I won! Took about 6 weeks from filing the appeal to getting the hearing decision. The judge was fair and actually listened to my side of the story.
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Mateo Gonzalez
been trying to call NYS Department of Labor about my appeal for weeks but cant get through!! the phone system is ridiculous, keeps hanging up on me after being on hold forever. anyone else having this problem??
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Nia Williams
•I had the same issue trying to reach someone at NYS Department of Labor about my appeal status. Found out about this service called Claimyr that actually gets you connected to unemployment agents. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of frustration trying to get through on my own.
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Luca Ricci
Wait so if I appeal does that mean I have to stop filing my weekly claims? I'm so confused about this whole process and scared I'll mess something up that makes it worse.
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Zara Khan
•No, keep filing your weekly claims! Even though you're currently disqualified, you need to continue filing to maintain your claim. If you win the appeal, you'll get back pay for those weeks.
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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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