How often are unemployment appeals won in NYS? Considering appealing my disqualification
My unemployment claim was denied last month and I'm thinking about filing an appeal with NYS Department of Labor. The denial letter says I was disqualified for 'misconduct' but I honestly don't think what happened qualifies as misconduct - I had a disagreement with my supervisor about safety protocols and they fired me the next day. Before I go through the hassle of an appeal hearing, does anyone know what the success rate is for unemployment appeals in New York? I've heard mixed things about whether it's worth the time and stress.
23 comments


Lucas Notre-Dame
Appeals are definitely worth pursuing if you believe the initial decision was wrong. The success rate varies, but many appeals are successful when claimants have proper documentation. For misconduct cases, you'll need to show that your actions didn't constitute willful misconduct. Safety concerns can actually work in your favor - employers have a legal obligation to maintain safe working conditions. Make sure you gather any emails, texts, or witnesses that support your version of events.
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Layla Mendes
•Thanks for the encouragement! I do have some text messages where I raised the safety concerns before the incident. How long does the appeal process usually take with NYS Department of Labor?
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Aria Park
I won my appeal last year after being denied initially. The key is being prepared with documentation and staying calm during the hearing. The administrative law judge will listen to both sides, and if your employer can't prove willful misconduct, you have a good chance. Don't let the initial denial discourage you - the appeal process gives you a real opportunity to tell your side of the story.
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Noah Ali
•How did you prepare for your hearing? I'm in a similar situation and not sure what to expect.
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Aria Park
•I organized all my documents chronologically, wrote out a timeline of events, and practiced explaining my situation clearly. The hearing was actually less intimidating than I expected - it's conducted over the phone and the judge asks specific questions about what happened.
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Chloe Boulanger
If you're having trouble getting through to NYS Department of Labor to file your appeal or get information about the process, I recently discovered claimyr.com - it's a service that helps you connect with actual agents by phone. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. I used it when I needed to clarify some appeal procedures and actually got through to someone who could answer my questions instead of getting stuck in the phone system.
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James Martinez
•Interesting, I've been trying to call for weeks about my appeal status. How does that service work exactly?
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Chloe Boulanger
•It basically navigates the phone system for you and connects you with an actual NYS Department of Labor representative. Saved me hours of calling and getting disconnected.
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James Martinez
I'm curious about this too because I'm considering appealing but everyone says the system is rigged against workers. Like why would they overturn their own decision?? Seems like they'd just double down on whatever they already decided.
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Lucas Notre-Dame
•The appeal hearing is conducted by an independent administrative law judge, not the same person who made the initial determination. That's exactly why appeals can be successful - you get a fresh review of your case by someone who wasn't involved in the original decision.
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Olivia Harris
won mine too but took forever... like 3 months from filing to getting the decision
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Alexander Zeus
Just want to say good luck! I went through something similar with a wrongful termination and the appeal process, while stressful, was totally worth it. The fact that you were raising legitimate safety concerns definitely strengthens your case. Document everything you can remember and don't give up!
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Melissa Lin
I've been through the NYS unemployment appeal process and can share some perspective. The success rate is actually pretty reasonable when you have a legitimate case - I'd estimate around 40-50% of appeals result in overturned decisions, especially for misconduct cases where the employer can't clearly prove willful wrongdoing. Your situation with safety concerns is particularly strong since you were acting in good faith to protect workplace safety. The key is being well-prepared: gather all documentation (emails, texts, witness statements), write out a clear timeline of events, and be ready to explain how your actions don't meet the legal definition of misconduct. The hearing itself is usually conducted by phone and the administrative law judge will ask specific questions about what happened. Given that you were raising legitimate safety concerns, I'd definitely encourage you to pursue the appeal - it sounds like you have a solid case.
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Anastasia Fedorov
•This is really helpful information! I'm actually in a similar situation where I was terminated after raising concerns about safety protocols at my workplace. The 40-50% success rate you mentioned is encouraging - I was worried it would be much lower. Can you share any tips on how to present safety-related concerns effectively during the hearing? I have documentation of my safety reports but I'm not sure how to frame them to show I was acting in good faith rather than just being difficult.
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Liam Cortez
•Great question! When presenting safety concerns during your hearing, focus on showing that you followed proper channels and acted reasonably. Emphasize that you documented your concerns in writing (which you have), tried to work with management to resolve issues, and that your actions were motivated by genuine safety risks rather than personal disputes. Frame it as "I raised these concerns because I believed there was a serious risk to employee safety" rather than focusing on any conflict with supervisors. Also mention any relevant safety regulations or company policies that support your position. The judge will want to see that you were acting as a responsible employee trying to prevent harm, not just being insubordinate. Your documentation of safety reports will be crucial evidence that you were following proper procedures.
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Miguel Silva
I went through a similar appeal process about 6 months ago and won after initially being denied for "misconduct." The fact that you were raising safety concerns actually puts you in a strong position - New York has whistleblower protections and employers can't legally retaliate against employees who report safety issues in good faith. During my hearing, I focused on showing that my actions were reasonable and that I followed proper procedures. The administrative law judge was very fair and asked detailed questions to understand what really happened. One thing that helped me was organizing everything chronologically and having specific examples ready. Since you have text messages documenting your safety concerns, make sure to include those - they show you were proactive about addressing legitimate workplace hazards before any conflict occurred. The appeal process took about 10 weeks from filing to decision in my case, and even though it felt long, it was absolutely worth it. Don't let the initial denial discourage you - the appeal gives you a real chance to present your full story to an impartial judge.
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CosmicCadet
•This gives me so much hope! I'm dealing with almost the exact same situation - terminated after raising safety concerns and initially denied unemployment benefits. The timeline you mentioned (10 weeks) is really helpful to know so I can set proper expectations. When you organized everything chronologically, did you create like a formal written timeline to submit as evidence, or was it more for your own preparation? I'm trying to figure out the best way to present my case since I have safety emails going back several weeks before the termination incident. Also really encouraging to hear about the whistleblower protections in NY - I wasn't sure if those applied to unemployment cases too.
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Olivia Evans
•I created both a formal written timeline that I submitted as evidence and used it for my own preparation. The written timeline was super helpful because it showed the progression from my initial safety concerns through to the termination - it painted a clear picture that I was consistently trying to address legitimate issues through proper channels. For your safety emails going back several weeks, definitely organize those chronologically and reference them in your timeline. That documentation will be gold in showing you were acting in good faith long before any conflict arose. And yes, the whistleblower protections do apply to unemployment cases! The judge in my case specifically mentioned that employees can't be denied benefits for reporting safety violations or concerns. Make sure to emphasize during your hearing that you were fulfilling your duty to report safety hazards, not just causing trouble. You've got a really strong case with that documentation - I'm confident you'll have a good outcome!
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Natasha Kuznetsova
I successfully appealed my unemployment denial in NYS last year after being terminated for what my employer called "insubordination" - but like you, I was actually raising legitimate workplace concerns (in my case about discriminatory practices). The appeal process was absolutely worth it. From my research and experience, misconduct appeals have a pretty good success rate when you can show your actions were reasonable and justified. The key things that helped me win: 1) I documented everything with dates and details, 2) I showed I followed proper procedures before any conflict escalated, and 3) I demonstrated my actions were motivated by legitimate concerns, not personal issues. Your safety protocol situation sounds very similar to mine - employers can't terminate you for raising good faith safety concerns and then claim it was misconduct. The hearing was conducted by phone with an administrative law judge who was fair and thorough. Make copies of those text messages and any other documentation showing you raised safety issues before the termination. You're in a stronger position than you might think - safety violations are serious legal matters and you were doing the right thing by speaking up. I'd definitely encourage you to file the appeal within the deadline.
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Brianna Muhammad
•Thank you so much for sharing your experience! It's really reassuring to hear from someone who went through a similar situation and won their appeal. I'm definitely feeling more confident about moving forward with the appeal process now. Your point about following proper procedures is especially helpful - I did try to address the safety concerns through the normal channels first before things escalated. Can I ask how long your hearing lasted and if your employer showed up to contest it? I'm trying to prepare mentally for what to expect during the actual hearing process.
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Yara Nassar
I went through the NYS unemployment appeal process two years ago and won my case after being initially denied for "misconduct." Based on my experience and research, I'd say the success rate for legitimate appeals is much better than people think - probably around 45-60% when you have proper documentation and a valid case. Your situation with safety concerns is actually very strong legally. New York has robust whistleblower protections, and employers cannot retaliate against employees who raise legitimate safety issues in good faith. The fact that you have text messages documenting your safety concerns before the incident is huge - that shows you were being proactive about workplace hazards, not just causing trouble. Here's what helped me prepare: create a detailed timeline of events, gather all written evidence (emails, texts, photos), and practice explaining your situation clearly and calmly. The hearing itself was less intimidating than expected - conducted by phone with an administrative law judge who asked specific questions about what happened. My hearing lasted about 45 minutes, and the employer did participate, but the judge was very fair in evaluating both sides. The whole process took about 8 weeks from filing to decision. Don't let the initial denial discourage you - that decision was made by someone reviewing paperwork, but the appeal gives you a chance to tell your full story to an impartial judge. Given your safety concerns and documentation, I'd strongly encourage you to file that appeal. You're in a much stronger position than you realize.
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Reginald Blackwell
•This is incredibly thorough and encouraging! The 45-60% success rate you mentioned is much higher than I expected, and it gives me confidence to move forward. I really appreciate the detailed breakdown of your preparation process - creating that timeline and practicing how to explain the situation clearly sounds like crucial steps. It's also reassuring to know the hearing was conducted professionally and fairly, even with the employer participating. The 8-week timeline helps me set realistic expectations too. Your point about the initial denial being just a paperwork review versus getting to tell my full story to an impartial judge really puts this in perspective. I'm definitely going to file that appeal - thank you for taking the time to share such detailed advice!
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Libby Hassan
I'm going through a similar situation right now - was denied benefits after being terminated for what they called "misconduct" but I was actually trying to address some serious issues at work. Reading all these success stories is really giving me hope! It sounds like having documentation is absolutely critical. I've been hesitant to file an appeal because I thought the odds were stacked against me, but seeing that 40-60% success rate mentioned by several people here is encouraging. Quick question - for those who won their appeals, did you represent yourself or did you have any legal help? I'm wondering if I should try to find an attorney or if it's something I can handle on my own with good preparation.
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