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Ravi Gupta

How do you file an appeal for unemployment denial with NYS Department of Labor?

My unemployment claim got denied last week and I need to figure out how to file an appeal for unemployment with NYS Department of Labor. The denial notice says I have 30 days but doesn't really explain the process clearly. I was let go from my retail job for what they called 'poor performance' but I think it was really because I complained about unsafe working conditions. Has anyone been through the appeal process? What forms do I need to fill out and where do I submit them? I'm really stressed because I need these benefits to pay rent.

GalacticGuru

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You'll need to file a Request for Hearing form with NYS Department of Labor within 30 days of your denial notice date. You can do this online through your my.ny.gov account or mail it in. Make sure you gather all documentation about your job separation - any emails about the unsafe conditions you mentioned, your termination letter, witness statements if you have them. The hearing will be conducted by an Administrative Law Judge and you'll have a chance to present your side of the story.

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Ravi Gupta

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Thank you! Do I need a lawyer for the hearing or can I represent myself? I can't really afford legal fees right now.

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I went through this exact same thing last year when my claim was denied. You can definitely represent yourself - most people do. The key is being organized with your evidence. Print out everything - emails, text messages, photos of the unsafe conditions if you have them. During the hearing, stay calm and stick to the facts. Don't get emotional even if the employer's representative tries to make you look bad.

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Ravi Gupta

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How long did it take to get your hearing scheduled? I'm worried about how long I'll be without benefits.

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Mine took about 6 weeks to get scheduled, then another 2 weeks for the decision. If you win, they'll pay you retroactively for all the weeks you missed.

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Omar Fawaz

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same thing happened to me, employer lied about why they fired me and I couldn't get through to anyone at nys department of labor to explain my side. spent weeks calling and getting hung up on

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I had the same problem reaching NYS Department of Labor by phone - it's nearly impossible to get through. I actually found this service called Claimyr (claimyr.com) that helped me get connected to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Might be worth checking out if you need to talk to someone before your hearing.

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Diego Vargas

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Wait I'm confused - is an appeal the same thing as adjudication? My claim has been in adjudication for weeks and I don't know if I need to do anything or just wait??

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GalacticGuru

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No, adjudication is when they're initially reviewing your claim to make a decision. An appeal happens after you get denied and you want to challenge that decision. If your claim is still in adjudication, you just need to wait for their decision.

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Diego Vargas

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Ok that makes sense, thanks! I was about to file a bunch of paperwork for no reason lol

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The whole NYS Department of Labor appeal system is a joke honestly. They side with employers like 90% of the time no matter what evidence you have. I filed an appeal last year for wrongful termination and even with a hostile work environment documented they still denied me. But you should still try because occasionally they do the right thing.

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StarStrider

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That's awful, I'm sorry that happened to you. The system definitely isn't perfect but I think it's still worth fighting for what you deserve.

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