How do I appeal unemployment denial from NYS Department of Labor?
Got my determination letter yesterday saying my unemployment claim was denied. They're saying I was fired for misconduct but that's not what happened at all. My supervisor just didn't like me and made up reasons to fire me. I worked there for 2 years with no write-ups or warnings. How do I appeal this decision? The letter mentions something about a hearing but I don't understand the process.
12 comments


Keisha Taylor
You need to file your appeal within 30 days of the determination date on your letter. You can do this online through your my.ny.gov account or mail the appeal form. The hearing will be conducted by an Administrative Law Judge who will listen to both sides. Make sure you gather any documentation that proves you weren't fired for misconduct - employee handbook, performance reviews, emails, etc.
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Yara Khoury
•Thank you! Do I need a lawyer for the hearing or can I represent myself?
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StardustSeeker
I went through this exact same thing last year. You can absolutely represent yourself - most people do. The key is being prepared with your evidence and being able to clearly explain what really happened. Document everything you can remember about your termination and any witnesses who can back up your story.
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Yara Khoury
•That's reassuring. How long did your appeal process take?
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StardustSeeker
•About 6 weeks from filing to the hearing, then another 2 weeks for the decision. But I won my appeal and got all my back benefits.
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Paolo Marino
make sure you keep filing your weekly claims even while appealing!!! i made that mistake and had to jump through hoops to get those weeks back
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Amina Bah
I had trouble getting through to anyone at NYS Department of Labor to ask questions about my appeal. Ended up using this service called Claimyr (claimyr.com) that actually got me connected to a real person. They have a video demo showing how it works: https://youtu.be/qyftW-mnTNI. Saved me hours of calling and getting hung up on.
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Oliver Becker
•Is that legit? I've been trying to call for weeks about my appeal status.
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Amina Bah
•Yeah it worked for me. They basically handle the calling and waiting so you don't have to sit on hold forever.
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Natasha Petrova
The whole appeals process is a joke anyway. They almost always side with the employer. I appealed mine twice and still got denied. Good luck but don't get your hopes up too high.
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Keisha Taylor
•That's not accurate. Appeals are successful about 40% of the time when claimants are prepared with proper documentation. The key is having evidence to support your case.
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Javier Hernandez
Same boat here. Got fired after reporting safety violations and they're calling it insubordination. This system is rigged against workers.
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