How often do employees win unemployment appeals with NYS Department of Labor?
I got denied unemployment benefits last month because my former employer claimed I was fired for misconduct (I was actually laid off due to budget cuts). Now I'm going through the appeal process with NYS Department of Labor and I'm really stressed about my chances. Does anyone know what the success rate is for winning these appeals? I have all my documentation ready but I'm worried this is just going to be a waste of time. Has anyone here actually won an appeal against their employer?
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Emma Wilson
The statistics vary but from what I've seen, employees have a decent chance if they have proper documentation. NYS Department of Labor appeals are decided based on the evidence presented, not just employer claims. Make sure you have any written communications about the layoff, performance reviews, and witness statements if possible. The key is proving the employer's misconduct claim is false.
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Javier Torres
•Thanks, that's reassuring. I do have the email about budget cuts that was sent company-wide. Should I submit that as evidence?
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QuantumLeap
i won my appeal last year!!! took about 6 weeks but totally worth it. my boss tried to say i quit but i had proof i was constructively discharged. the judge was fair and actually listened to my side
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Javier Torres
•That gives me hope! How did the hearing process go? Was it intimidating?
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QuantumLeap
•not as bad as i thought. it was over the phone because of covid stuff. just be honest and stick to facts
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Malik Johnson
I've been through this process twice and won both times. The success rate depends heavily on the type of case and quality of evidence. For misconduct claims like yours, employees often win if they can show the employer's version doesn't match the facts. Document everything and be prepared to explain your side clearly during the hearing.
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Javier Torres
•What kind of questions do they usually ask during the hearing?
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Isabella Santos
ugh this whole system is so frustrating!! employers lie all the time to avoid paying into unemployment and NYS Department of Labor just believes them initially. i've seen so many people get screwed over. but yeah appeals can work if you fight hard enough
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Ravi Sharma
If you're having trouble getting through to NYS Department of Labor to check on your appeal status, I used this service called Claimyr (claimyr.com) that helped me actually reach a real person. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really helped when I needed to clarify some documents for my hearing.
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Javier Torres
•Interesting, I've been trying to call for days with no luck. How does that service work exactly?
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Ravi Sharma
•Basically they handle the calling and waiting for you, then connect you when an agent picks up. Saved me hours of sitting on hold.
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Freya Larsen
just wanted to say good luck! same thing happened to my friend and she won her appeal. the truth usually comes out in these hearings
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Daryl Bright
From my experience working in HR before switching careers, I'd estimate employees win unemployment appeals around 40-50% of the time when they have solid documentation like you do. The fact that you have a company-wide email about budget cuts is huge - that directly contradicts their misconduct claim. NYS Department of Labor judges are pretty good at spotting when employers are trying to avoid paying unemployment costs. Make sure to organize all your evidence chronologically and practice explaining your timeline clearly. You've got a strong case!
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Ethan Taylor
•That's really encouraging to hear from someone with HR experience! I feel much better knowing that 40-50% success rate with good documentation. You're right about organizing everything chronologically - I've been putting together a timeline of events leading up to the layoff. Do you think I should also include any performance reviews or emails showing I was meeting expectations before the budget cuts happened?
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Nia Jackson
•Absolutely! Performance reviews and emails showing you met expectations are crucial evidence. They help establish that your termination wasn't performance-related, which strengthens your case against the misconduct claim. I'd also suggest including any documentation of positive feedback, completed projects, or goals you achieved right up until the layoffs. The more you can show you were a good employee in good standing, the harder it becomes for your employer to justify the misconduct allegation. Timeline organization really helps the judge follow your story clearly.
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