How to appeal unemployment decision - NYS Department of Labor denied my claim
My NYS Department of Labor claim got denied two weeks ago and I really need to know how to appeal this decision. They said I was terminated for misconduct but that's completely wrong - I was let go because of company downsizing. I got the determination letter but I'm confused about the appeal process. Do I need a lawyer? How long do I have to file? This is my first time dealing with unemployment so I have no idea what I'm doing. Really stressed about this whole situation.
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Henrietta Beasley
You have 30 days from the date on your determination letter to file an appeal with NYS Department of Labor. You don't need a lawyer but you'll want to gather any documentation that supports your case - termination letter, emails, witness statements, etc. The appeal form is available on the my.ny.gov website under unemployment services.
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Diego Fisher
•Thank you! I found the form online. Do I need to submit evidence right away or can I bring it to the hearing?
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Lincoln Ramiro
been through this before and its a pain but totally doable. make sure you keep filing your weekly claims even while the appeal is pending or you'll lose those weeks if you win
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Diego Fisher
•Oh wow I didn't know that! I stopped filing because I thought there was no point. Thanks for the tip.
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Faith Kingston
I had trouble getting through to NYS Department of Labor to ask questions about my appeal last year. Found this service called Claimyr that actually got me connected to a real person - claimyr.com. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Helped me understand the timeline better and what to expect.
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Emma Johnson
•Interesting, never heard of that. Did they charge you a lot for it?
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Faith Kingston
•It was worth it to actually talk to someone who knew what they were talking about instead of waiting on hold for hours.
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Liam Brown
The NYS Department of Labor appeal hearings are usually done by phone now. The judge will ask you and your former employer questions about what happened. Stay calm and stick to the facts. Don't get emotional even if your employer lies - just present your evidence clearly.
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Diego Fisher
•That's really helpful advice. I'm already getting nervous thinking about it but I know I was wrongfully terminated.
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Olivia Garcia
UGH the whole system is so messed up! They deny people left and right and then make you jump through hoops to prove them wrong. I've been fighting with NYS Department of Labor for months over my case.
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Ruby Garcia
You definitely can appeal this! First, you need to file your appeal within 30 days of the determination date on your letter. You can appeal online through your my.ny.gov account or mail/fax the appeal form. Make sure to gather any documentation that proves you were laid off due to downsizing - termination letter, company announcements, emails about layoffs, etc. The appeal will trigger a hearing where you can present your case.
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Isaiah Thompson
•Thank you! Do I need a lawyer for the hearing or can I represent myself? And should I keep filing weekly claims while the appeal is pending?
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Noah Lee
Good luck with your appeal! I won mine last month after they initially said I quit voluntarily when I was actually laid off due to budget cuts.
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Alexander Evans
Yes keep filing your weekly claims even during the appeal! If you win the appeal you'll get back pay for all the weeks you certified. For the hearing you don't need a lawyer but it helps to be organized. Write down exactly what happened, get witness statements from coworkers if possible, and bring any paperwork that shows it was a layoff not firing for misconduct.
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Evelyn Martinez
•This is so confusing! I thought if you appeal you can't file weekly claims anymore?? The NYS Department of Labor website is really unclear about this stuff.
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Ruby Garcia
•No you definitely should keep filing! Even if you don't get paid during the appeal, those weeks get paid retroactively if you win. It's important to maintain your claim status.
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Benjamin Carter
I went through this exact situation last year and it was a nightmare trying to get through to anyone at NYS Department of Labor to ask questions about my appeal. The phone lines are always busy and they rarely respond to messages. I ended up using a service called Claimyr (claimyr.com) that actually got me connected to an agent who could explain the appeal process. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really helped me understand what I needed to do for my hearing.
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Isaiah Thompson
•Did you win your appeal? I'm worried the hearing will be really intimidating and I won't know what to say.
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Benjamin Carter
•Yes I won! The key is being prepared with your documentation and staying calm. The administrative law judge was actually pretty fair and let me explain what really happened. Just stick to the facts and bring proof.
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Maya Lewis
The whole system is rigged against workers!!! They automatically deny claims hoping people won't appeal. I've been fighting with NYS Department of Labor for MONTHS over a similar issue. These hearings are just formalities - they've already made up their minds. Good luck but don't get your hopes up.
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Isaac Wright
•That's not true at all. I know several people who won their appeals. You just have to present your case properly and have the right documentation.
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Lucy Taylor
Make sure u get everything in writing and keep copies of EVERYTHING. Also the hearing might be by phone now instead of in person so that makes it easier
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Santiago Martinez
I went through a very similar situation about 6 months ago - also got denied for "misconduct" when it was clearly a layoff due to company restructuring. The appeal process was intimidating at first but totally worth it. A few key things that helped me: 1) File your appeal ASAP - you really do only have 30 days, 2) Keep filing your weekly certifications even though you're not getting paid (this was crucial advice I got here), 3) For the hearing, I wrote out a timeline of exactly what happened with dates and kept it simple and factual. The judge was actually very fair and asked good questions. I won my appeal and got all the back pay. Don't let them intimidate you - if you were truly laid off due to downsizing, you have a strong case. Stay organized and stick to the facts!
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