How to dispute unemployment claim determination from NYS Department of Labor

You absolutely can dispute this! First, gather all your documentation - performance reviews, emails about layoffs, any written communication with your employer. The hearing will be conducted by an Administrative Law Judge and you'll have the chance to present your case. Make sure to respond to the hearing notice within the timeframe they specify, usually 10 days. Prepare a timeline of events leading up to your termination and be ready to explain why it was a layoff, not misconduct.

I went through something similar last year. You can definitely represent yourself - most people do. The key is being organized and having all your evidence ready. Print everything out and bring multiple copies. Also, if you have any witnesses who can verify you were laid off (coworkers, supervisors), see if they can provide written statements or attend the hearing. NYS Department of Labor hearings are usually conducted by phone now, which makes it a bit easier.

This is so frustrating when employers try to fight legitimate claims just to save money on their unemployment insurance rates. If you're having trouble getting through to NYS Department of Labor to ask questions about the process, I used a service called Claimyr that helped me reach an actual agent. You can check it out at claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Might be worth it to get clarification on exactly what you need to prepare.

ugh this happened to my friend too... her company laid off like 20 people but then tried to say she was fired for attendance. she won though because she had all her time cards and stuff. the system is so messed up

One more important thing - make sure you continue filing your weekly claims while this is being disputed. Even if your benefits are temporarily stopped, you can still file and if you win the hearing, you'll get back pay for all the weeks you certified. Don't let this gap in filing hurt your claim.