How to fight unemployment disqualification from NYS Department of Labor - need appeal advice
I got disqualified from my unemployment benefits last week and I'm completely lost on how to fight this decision. NYS Department of Labor says I was terminated for misconduct but that's not what happened at all. My supervisor wrote me up for being 10 minutes late twice in one month, then fired me the next week when I called in sick with a doctor's note. I reported everything honestly on my initial claim but somehow they sided with my employer. The disqualification notice says I can appeal but doesn't explain the process clearly. Has anyone successfully fought a disqualification like this? What documentation do I need and how long does the appeal process take? I really need these benefits to keep my apartment.
13 comments
Join the conversation
Samuel Robinson
Yes, you absolutely can and should appeal this! You have 30 days from the date on your disqualification notice to file an appeal. You'll need to gather all documentation related to your termination - the write-ups, your doctor's note, any emails or texts with your supervisor, and your employment handbook if you have it. The appeal goes to an Administrative Law Judge who will review your case independently from the initial NYS Department of Labor decision.
0 coins
Victoria Brown
•Thank you! Do I file the appeal online through my.ny.gov or do I need to mail something in? And should I keep filing my weekly claims while the appeal is pending?
0 coins
Camila Castillo
I fought a similar disqualification last year and won! The key is proving that what your employer called 'misconduct' doesn't actually meet the legal definition. Being late twice and calling in sick with a doctor's note is NOT misconduct under NY unemployment law. You can file your appeal online through the NYS Department of Labor website - there should be a link in your disqualification notice. Make sure you write a detailed statement explaining exactly what happened and attach all your supporting documents.
0 coins
Brianna Muhammad
•How long did your appeal take to get resolved? I'm in a similar situation and worried about how long I'll be without benefits.
0 coins
Camila Castillo
•Mine took about 6 weeks from filing to getting the decision. If you win the appeal, they'll pay you all the back benefits you missed during the disqualification period.
0 coins
JaylinCharles
ugh the NYS Department of Labor system is SO BROKEN!!! They always side with employers no matter what evidence you provide. I've been fighting my disqualification for 3 months now and still nothing. They probably won't even read your appeal properly, just rubber stamp whatever the employer said. But I guess you have to try since you need the money.
0 coins
Samuel Robinson
•That's really not true - appeals have a much higher success rate than initial determinations because they're reviewed by actual judges instead of just claims examiners. Don't get discouraged by one person's bad experience.
0 coins
Eloise Kendrick
I had trouble getting through to NYS Department of Labor to ask questions about my appeal process - their phone lines are always busy. A friend told me about this service called Claimyr (claimyr.com) that helps you get connected to an actual agent. I was skeptical but tried it and actually got through in like 15 minutes instead of calling for hours. They have a video demo showing how it works: https://youtu.be/qyftW-mnTNI. Might be worth checking out if you need to talk to someone about your appeal timeline or status.
0 coins
Lucas Schmidt
•never heard of that before, does it actually work or is it just another scam? I've wasted so much time trying to reach NYS Department of Labor
0 coins
Eloise Kendrick
•It's legit - they don't ask for any personal info or login details, just helps you navigate their phone system better. Way better than sitting on hold for 3+ hours.
0 coins
Freya Collins
wait so you can appeal even after they already denied you?? I thought once NYS Department of Labor made a decision that was it. I got denied 2 months ago for 'voluntary quit' even though I was laid off and just gave up trying to fight it. is it too late for me to appeal now?
0 coins
Keisha Johnson
•Unfortunately, you only have 30 days from the date on your determination notice to file an appeal, so if it's been 2 months you've likely missed that window. However, you might want to call NYS Department of Labor anyway to double-check - sometimes they'll accept late appeals if you have a really good reason for the delay (like serious illness or not receiving the notice). It's worth a shot since you were actually laid off and not a voluntary quit. @Freya Collins
0 coins
Brianna Muhammad
Make sure you keep detailed records of everything during your appeal. I won mine but it was stressful having all my documentation scattered everywhere. Also yes you should definitely keep filing your weekly claims even if you're not getting paid - if you win the appeal you'll get all that back pay.
0 coins