How to contest unemployment claim - NYS Department of Labor employer appeal process?

You'll need to respond to the initial separation notice first, then if the claim is approved you can file a formal appeal. For attendance issues, gather all documentation - write-ups, time records, your attendance policy, and proof the employee knew the policy. Submit everything within the deadline on the notice.

been through this twice as an employer, NYS Department of Labor is pretty thorough. Make sure you have progressive discipline documented or they'll likely approve the claim anyway even with cause termination

The key is proving misconduct versus just poor performance. NYS Department of Labor has a high bar for denying claims. You need clear policy violations with documented warnings. If it goes to a hearing, you'll present your case to an administrative law judge. The process can take 6-8 weeks total.

ugh the whole system is rigged against employers anyway, even when you have legitimate cause they still approve half these claims

If you're having trouble getting through to NYS Department of Labor to discuss your case, I used a service called Claimyr (claimyr.com) when I needed to reach them about an employee appeal. They helped me get connected to an actual agent instead of waiting on hold forever. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really saved me time when I needed to clarify documentation requirements.

Make sure you keep copies of everything you submit. NYS Department of Labor sometimes loses paperwork and you'll need to resubmit. Also check if your state has an employer portal online - might be easier than fax or mail.

I went through this process last year and here's what worked for me: respond to that initial notice immediately with ALL your documentation - don't wait. Include the attendance policy, signed acknowledgment from the employee, time records showing violations, the written warning, and detailed incident reports for the insubordination. NYS Department of Labor looks for a clear pattern of misconduct, not just isolated incidents. Also, keep in mind they'll interview the employee too, so make sure your documentation tells a complete story. The hearing process can be stressful but if you have solid documentation, you have a good chance of winning the appeal.