How to file an appeal with unemployment NYS Department of Labor - need step by step process
My unemployment claim got denied last week and I need to appeal this decision but I'm completely lost on where to start. The denial letter mentions I have 30 days to file an appeal with unemployment but doesn't give clear instructions on exactly how to do it. I was terminated from my retail job for what they called 'attendance issues' but I have documentation showing all my absences were FMLA protected. Has anyone successfully appealed a denial through NYS Department of Labor? What forms do I need and where do I submit them?
9 comments
Join the conversation
GalacticGladiator
You need to file your appeal in writing within 30 days of the determination date on your denial letter. You can submit it online through your my.ny.gov account under the 'Appeals' section, or mail it to the NYS Department of Labor Appeals Unit. Include your name, social security number, the determination you're appealing, and your reasons for disagreeing. Since you have FMLA documentation, definitely include copies of that with your appeal.
0 coins
Aisha Hussain
•Thank you! I found the appeals section online. Do I need to keep filing my weekly claims while the appeal is processing or should I stop?
0 coins
Ethan Brown
Make sure you continue filing your weekly claims even during the appeal process! If you win your appeal, you'll get backpay for those weeks. I made the mistake of stopping my weekly claims during my appeal and it created a huge mess. Also, gather ALL your documentation now - FMLA paperwork, doctor notes, any communication with your employer about the absences.
0 coins
Yuki Yamamoto
•This is so important! I almost lost weeks of benefits because I thought I didn't need to file during my appeal.
0 coins
Carmen Ruiz
If you're having trouble reaching someone at NYS Department of Labor to clarify the appeal process, I used a service called Claimyr (claimyr.com) that helped me get through to an actual person. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. It was super helpful when I needed to understand some confusing parts of my appeal paperwork.
0 coins
Andre Lefebvre
appeals are such a pain with this system!! took me 3 months to get mine resolved and they still messed up the paperwork twice. make copies of EVERYTHING you send them because they love to lose stuff
0 coins
Aisha Hussain
•Ugh that's exactly what I'm worried about. Did you end up winning your appeal at least?
0 coins
Zoe Dimitriou
i think you just call them and tell them you want to appeal? thats what my friend did
0 coins
GalacticGladiator
•No, you need to file it in writing either online or by mail. Phone calls don't count as official appeals.
0 coins