How do unemployment appeals work with NYS Department of Labor?
My claim got denied last month and I'm completely lost on how the appeal process works. The letter says I have to file an appeal within 30 days but doesn't really explain what happens next. Do I need a lawyer? How long does it take? I worked at a restaurant for 2 years before getting laid off and they're saying I quit voluntarily which is completely wrong. Has anyone been through this process before?
13 comments
Join the conversation
Diego Rojas
The appeal process has several stages. First, you file your appeal within 30 days (don't miss this deadline!). You'll get scheduled for a phone hearing with an Administrative Law Judge. You don't need a lawyer but you can have one. Gather all your documentation - termination letter, pay stubs, any communication with your employer. The hearing is recorded and both you and your employer can present evidence and witnesses.
0 coins
Chloe Martin
•Thank you! How long do these hearings usually take to get scheduled? I'm worried about running out of money while waiting.
0 coins
Anastasia Sokolov
I went through this last year. The hearing took about 6 weeks to get scheduled. Make sure you have proof of how you lost your job - any texts, emails, or witnesses who saw what happened. If your employer doesn't show up to the hearing (which happens sometimes), you usually win by default. The judge will ask you specific questions about what happened on your last day of work.
0 coins
Sean O'Donnell
•Did you end up winning your appeal? I'm in a similar situation where my boss is claiming I abandoned my job.
0 coins
Anastasia Sokolov
•Yes I won. The key was having text messages showing my manager told me not to come in anymore. Document everything!
0 coins
Zara Ahmed
ugh the appeal process is such a nightmare. took me 3 months to get my hearing and then another month for the decision. meanwhile you're not getting any benefits and bills are piling up. the whole system is designed to make you give up
0 coins
StarStrider
If you need to talk to someone at NYS Department of Labor about your appeal status, I found this service called Claimyr that actually gets you through to a real person. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. I was able to get clarification on my appeal timeline when I couldn't reach anyone through the regular phone lines.
0 coins
Chloe Martin
•Is this legit? I've been trying to call for weeks and just get busy signals or hung up on.
0 coins
StarStrider
•Yeah it's real. They basically handle the calling and waiting for you. Saved me hours of frustration trying to get through myself.
0 coins
Luca Esposito
Wait so if I appeal does that mean I can't file for benefits at all during the process??? This is so confusing. What if the appeal takes months??
0 coins
Diego Rojas
•You should continue filing your weekly claims even during the appeal. If you win, you'll get back pay for all the weeks you were eligible. If you don't file weekly, you lose those weeks forever even if you win the appeal.
0 coins
Nia Thompson
been there! make sure you understand exactly WHY they denied you first. was it misconduct? voluntary quit? lack of work history? the appeal strategy is different for each type of disqualification. also if you lose the initial appeal you can appeal again to a higher level
0 coins
Aisha Mohammed
I went through the appeals process last year and won my case. A few important tips: 1) Keep filing your weekly claims even while appealing - you'll get backpay if you win but lose those weeks forever if you don't file. 2) The hearing is usually by phone and pretty informal, but take it seriously. 3) Write down a timeline of exactly what happened leading up to your job loss with dates. 4) If you have any witnesses (coworkers who saw the layoff happen), they can testify on your behalf. 5) The judge will ask your employer to provide evidence of voluntary quit - if they can't prove it, you should win. Don't give up, the system is designed to be intimidating but you have rights!
0 coins