How often do employers win unemployment appeals against NYS Department of Labor decisions?
My former employer is appealing my approved unemployment claim and I'm really worried they might win. The hearing is scheduled for next month and I'm trying to figure out what my chances are. Does anyone know the actual statistics on how often employers successfully overturn NYS Department of Labor decisions? I was fired for what they called 'performance issues' but I think it was really because I complained about safety violations. I have documentation of the safety complaints but I'm not sure if that will help at the hearing.
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Giovanni Martello
From what I understand, employers don't win that often in appeals, maybe around 30-40% of the time from what I've seen discussed in other forums. The key thing is that they have to prove misconduct, not just poor performance. If you were fired for performance issues and not willful misconduct, you should still qualify for benefits. Make sure you bring all your documentation about the safety complaints to the hearing.
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Grant Vikers
AuthorThat's reassuring, thank you! I do have emails where I reported the safety issues to my supervisor. Do you think those will be enough evidence?
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Savannah Weiner
The statistics vary but generally the initial NYS Department of Labor decision holds up more often than not. What matters most is the specific circumstances of your case. If you can show the firing was retaliatory for safety complaints, that actually strengthens your position significantly. Document everything - dates, witnesses, any written communications. The hearing officer will want to see concrete evidence, not just he-said-she-said.
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Grant Vikers
AuthorI kept copies of everything thankfully. Should I get a lawyer or can I represent myself at the hearing?
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Savannah Weiner
You can represent yourself, most people do. Just be organized with your documents and stick to the facts. If the case is really complex you might want legal help, but for straightforward wrongful termination/retaliation cases, you should be fine on your own.
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Levi Parker
I went through this exact same thing last year! My employer appealed after I got approved and I was so stressed about it. They claimed I was fired for attendance but I had medical documentation for all my absences. The hearing was actually pretty straightforward - I just presented my evidence and answered questions honestly. The judge ruled in my favor and I kept getting benefits. Don't panic, just be prepared and tell the truth.
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Libby Hassan
If you're having trouble reaching someone at NYS Department of Labor to ask about your specific case or get preparation tips for the hearing, I used a service called Claimyr (claimyr.com) that actually got me through to a real person. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. It was super helpful when I needed to clarify some details about my appeal process that I couldn't find online.
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Grant Vikers
AuthorInteresting, I didn't know there were services like that. Did they charge a lot for helping you get through?
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Hunter Hampton
honestly the whole system is rigged against workers anyway. employers have lawyers and we're expected to represent ourselves at these hearings. even if the stats say we win more often, they still get to drag us through this stressful process and make us jump through hoops just to get benefits we already qualified for. it's exhausting.
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Sofia Peña
I feel you on that but try to stay positive. The system isn't perfect but it does protect workers most of the time. Just focus on preparing your case.
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Aaron Boston
yeah my cousin went through this and won, employer appealed just to be spiteful but lost
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Mateo Martinez
I work in HR and can share some insight on this. From what I've seen, employers typically win appeals in about 25-35% of cases, but it really depends on the documentation and circumstances. The fact that you have documentation of safety complaints puts you in a much stronger position - retaliation for safety concerns is taken very seriously by hearing officers. Make sure to organize your evidence chronologically and be prepared to explain the timeline of events clearly. Even if you're nervous, just stick to the facts and let your documentation speak for itself. You've got this!
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