How often do employers win unemployment appeals against NYS Department of Labor decisions?

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.

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.

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.

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.

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.

yeah my cousin went through this and won, employer appealed just to be spiteful but lost

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!

I went through a similar appeal process last year and can share what I learned. The NY Department of Labor publishes annual statistics, and employers typically win appeals in about 20-30% of cases, but it varies significantly based on the reason for termination. Performance-related firings usually favor the employee unless there's clear documentation of willful misconduct or policy violations. The fact that you have documentation of safety complaints is huge - New York has strong whistleblower protections, and retaliation for reporting safety issues is a serious violation. I'd recommend organizing your evidence into a clear timeline: when you made the complaints, how your employer responded, and when the termination occurred. If there's a short timeframe between your safety complaints and termination, that pattern often speaks for itself at hearings. Stay calm, stick to facts, and let your documentation do the talking. You're in a stronger position than you might think!

I'm new to this whole unemployment appeals process and reading through everyone's experiences here is really eye-opening. I had no idea that employers only win appeals around 25-35% of the time - that's actually much better odds than I expected! I'm not dealing with an appeal myself right now, but I've been worried about the possibility since my own unemployment claim is still being processed. It's really encouraging to see how people like Grant have organized their documentation and built strong cases, especially with the safety complaint angle. The advice about keeping everything chronological and letting the timeline speak for itself seems like solid strategy. Thanks to everyone sharing their experiences and knowledge here - this community is incredibly helpful for those of us navigating these complex systems for the first time.