How to fight unemployment claim denial from NYS Department of Labor - need appeal help
My employer is trying to fight my unemployment claim and I just got a notice from NYS Department of Labor saying they're conducting an adjudication. I was laid off from my warehouse job in December due to 'restructuring' but now they're claiming I was fired for attendance issues. This is completely false - I have documentation showing I followed their call-in procedures every time I was sick. Has anyone successfully fought back against employer lies during the adjudication process? What kind of evidence should I gather? I'm really worried they're going to deny my benefits based on false information.
10 comments


Steven Adams
You absolutely can fight this during adjudication! Gather all your documentation now - attendance records, emails about call-ins, any written policies about sick leave procedures. NYS Department of Labor will interview both you and your employer separately. Be honest and stick to facts only. Don't let emotions take over during your interview.
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Grace Durand
•Thank you! Should I send the documents to NYS Department of Labor before my interview or bring them to the phone call?
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Alice Fleming
I went through something similar last year. My former employer claimed I quit when I was actually terminated. The key is having documentation and being prepared for the adjudication interview. Keep detailed notes of what really happened and any witnesses who can back up your story. NYS Department of Labor does take these investigations seriously.
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Hassan Khoury
•How long did your adjudication take? I'm in week 3 of waiting and getting really stressed about paying bills.
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Victoria Stark
same thing happened to me!! my boss totally lied about why i got fired. i had to appeal it and everything but eventually won. just make sure you have proof of everything you're saying
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Benjamin Kim
If you're having trouble reaching NYS Department of Labor to discuss your case, I used a service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Really helpful when you need to explain complex situations like yours where documentation is crucial.
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Grace Durand
•Thanks I'll check that out. I've been trying to call for days with no luck.
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Samantha Howard
The whole system is rigged in favor of employers! They can say whatever they want and NYS Department of Labor just believes them. I've seen so many people get screwed over by lying bosses. Document everything but don't get your hopes up too high.
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Steven Adams
•That's not entirely true. NYS Department of Labor does investigate both sides fairly. Having proper documentation really does make a difference in these cases.
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Megan D'Acosta
oh wow this brings back memories of when my sister went through this exact thing a few years ago with her retail job. she had to get a lawyer involved eventually but did win her appeal. the employer was claiming she stole money which was totally made up. anyway hope everything works out for you!
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