How to fight misconduct disqualification for NYS Department of Labor unemployment benefits
Got a determination letter yesterday saying I was disqualified for misconduct and now I can't get my unemployment benefits. My former employer claimed I violated company policy but I think they're lying about what happened. The letter says I have 30 days to appeal but I don't know where to start. Has anyone successfully fought a misconduct determination with NYS Department of Labor? What kind of evidence do I need to gather?
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Aisha Rahman
Yes, you can definitely appeal a misconduct determination! You'll need to file an appeal within 30 days of receiving the determination letter. Gather any documentation you have - emails, text messages, employee handbook, witness statements, performance reviews, disciplinary records. The burden is on your employer to prove misconduct occurred, not on you to prove innocence. Make sure to request a hearing and present your side of the story.
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Mateo Perez
•Thank you! Do I file the appeal online through my.ny.gov or do I have to mail something in? And should I keep filing my weekly claims while the appeal is pending?
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CosmicCrusader
File your appeal online through the NYS Department of Labor website - it's faster than mailing. Yes, continue filing your weekly claims even though you're not getting paid right now. If you win the appeal, you'll get back pay for all those weeks. Document everything about your work situation - save any communications with your boss, coworkers who witnessed what happened, company policies that were supposedly violated.
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Ethan Brown
•Wait, you can get back pay?? I thought if you were disqualified you just lost those weeks forever. This is actually giving me hope for my own appeal.
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Yuki Yamamoto
ugh the whole misconduct thing is such BS. They fired me for being 15 minutes late ONE TIME after 3 years of perfect attendance and called it misconduct. Like seriously?? I'm fighting it too but it's been 6 weeks and still waiting for my hearing date.
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Aisha Rahman
•That sounds more like poor judgment than willful misconduct. Make sure you emphasize your attendance record and that this was an isolated incident when you get to your hearing.
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Carmen Ortiz
I had the WORST time trying to get through to NYS Department of Labor to even ask questions about my appeal. Spent hours on hold just to get disconnected. Finally used this service called Claimyr (claimyr.com) that actually got me connected to a real person. They have this demo video (https://youtu.be/qyftW-mnTNI) that shows how it works. Honestly saved my sanity because I needed to clarify some procedural stuff before my hearing.
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Mateo Perez
•How much does something like that cost? I'm already stressed about money since I'm not getting benefits.
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Carmen Ortiz
•It was worth it for me to get actual answers instead of guessing. The peace of mind was huge going into my hearing knowing I understood the process.
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Andre Rousseau
Been through this exact situation last year. Key things: 1) Get character references from coworkers if possible 2) Show pattern of good behavior vs isolated incident 3) Challenge their version of events with facts 4) Bring up any procedural violations by the employer (did they follow progressive discipline, etc). Won my appeal after 2 months.
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Mateo Perez
•This is super helpful! They definitely didn't follow their own progressive discipline policy. How do I prove that at the hearing?
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Lydia Bailey
•@Mateo Perez You ll'want to get a copy of your employee handbook and any written policies about progressive discipline. Also check if you have any emails or documentation showing they skipped steps - like if they went straight to termination without warnings or write-ups for similar issues with other employees. At the hearing, point out specific policy sections they violated and ask them to explain why your case was treated differently.
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Zoe Papadakis
same boat here, employer said I was insubordinate but really I just questioned a safety issue. like isn't that what we're supposed to do?? this whole system is rigged against workers
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Christopher Morgan
•@Zoe Papadakis Questioning safety issues is actually protected in most cases! That s'not insubordination - that s'looking out for everyone s'wellbeing. Make sure you emphasize that safety concern angle in your appeal. Document exactly what the safety issue was and why you felt compelled to speak up. OSHA protections might even apply here. Don t'let them frame doing the right thing as misconduct!
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