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Dylan Mitchell

How does an unemployment appeal hearing work in NY - need to know what to expect

I got denied for unemployment and filed an appeal with NYS Department of Labor. Now I have a hearing scheduled in 2 weeks and I'm completely lost about what happens during one of these things. Is it like going to court? Do I need a lawyer? The notice says it's going to be over the phone but doesn't really explain the process. I was terminated for what my employer called 'performance issues' but I think it was really because I complained about safety violations. Anyone been through one of these appeal hearings before? What should I prepare?

I went through an appeal hearing last year and it's not as scary as it sounds. The administrative law judge will start by explaining the process and then both you and your employer (or their representative) get to present your case. You'll be sworn in like in court but it's much more informal. Make sure you have all your documentation ready - termination letter, any emails or texts about the safety issues you mentioned, performance reviews, etc. The judge will ask questions and you can present witnesses if you have any.

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Thanks! Do you know if my employer will definitely show up? I'm worried they'll have some fancy lawyer while I'm just representing myself.

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Dmitry Volkov

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Most employers don't send lawyers to these hearings, they usually send HR or a manager. The whole thing typically lasts 30-60 minutes. Key things to prepare: timeline of events leading to termination, any documentation of the safety complaints you made (emails, reports, etc.), and be ready to explain why you believe the termination was wrongful. Stay factual and don't get emotional even if your employer says things that upset you.

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That's good to know about the timeline. I do have emails where I reported the safety issues to my supervisor.

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Ava Thompson

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ugh i had one of these last month and it was SO stressful. the judge kept interrupting me and my employer basically lied about everything but somehow they still won. i swear the whole system is rigged against workers

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Sorry that happened to you. The key is staying organized and sticking to facts. Judges interrupt when people ramble or get off topic, so having your main points written down helps keep you focused.

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CyberSiren

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I've been trying to reach someone at NYS Department of Labor for weeks to ask questions about my own appeal hearing but can never get through. The phone system is impossible. I found this service called Claimyr (claimyr.com) that actually connects you to real NYS Department of Labor agents - they have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Used it yesterday and finally talked to someone who explained the hearing process to me. Might be worth checking out if you need to ask specific questions about your case.

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Thanks for the tip! I've been trying to call for days with no luck. Going to check that out.

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bring EVERYTHING. seriously, even if you think it might not be relevant. I won my appeal because I had a text message from my coworker that I almost didn't bring. Also the employer has to prove misconduct, you don't have to prove you're innocent. Focus on showing that safety complaints were legitimate and that firing you for them was retaliation.

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Zainab Yusuf

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mine is next week too! so nervous about it. did you get the packet of documents from your employer yet? they're supposed to send you copies of everything they plan to use

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Yes I got it yesterday. Lots of papers but most of it seems to be general policy stuff, not specific to my situation.

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Jay Lincoln

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Just went through this process two months ago and won my appeal! A few practical tips: 1) Write down your key points beforehand and stick to them - don't let the employer's accusations throw you off track. 2) If you have any witnesses (coworkers who can verify the safety issues), make sure they're available during the hearing time. 3) The judge will ask you directly about the circumstances of your termination, so practice explaining the timeline clearly. 4) Don't be afraid to ask the judge to repeat questions if you didn't hear clearly - it's a phone hearing so audio can be spotty. Most importantly, emphasize that your safety complaints were made in good faith and that the "performance issues" only came up after you complained. Good luck!

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Ava Martinez

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This is really helpful advice! I'm especially worried about staying focused during the hearing. Did you find that having witnesses made a big difference in your case? I have one coworker who might be willing to testify about the safety issues but I'm not sure if it's worth the hassle of coordinating that during a phone hearing.

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