How to file an unemployment appeal with NYS Department of Labor after disqualification
Got a disqualification notice from NYS Department of Labor last week saying I quit voluntarily but that's not what happened at all. My hours got cut to basically nothing and I had to find other work to survive. Now they're saying I'm not eligible for any benefits. I know I can appeal this decision but I have no idea how to start the process. The notice mentions something about a hearing but doesn't explain the steps clearly. Has anyone been through this before? What documents do I need and how long do I have to file? I'm really stressed about this because I need these benefits.
12 comments


AstroAdventurer
You definitely should appeal if the facts are wrong! You have 30 days from the date on your disqualification notice to file an appeal. You can do it online through your my.ny.gov account or mail in the appeal form. For your situation, gather any documentation showing your hours were reduced - pay stubs, work schedules, emails from your employer about the hour cuts. The key is proving you had good cause to leave due to substantially reduced hours.
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Natasha Kuznetsova
•Thank you! I do have pay stubs showing the hour reduction. Should I include all of them or just the ones showing the big drop?
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Javier Mendoza
same thing happened to me when my job cut me from 40 hours to like 8 hours a week. i appealed and won but it took forever to get a hearing date
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Natasha Kuznetsova
•How long did it take to get your hearing scheduled? I'm worried about how long this will drag out.
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Emma Wilson
The appeal process involves submitting your written appeal within 30 days, then waiting for NYS Department of Labor to schedule a telephone hearing. During the hearing, you'll present your case to an administrative law judge. Make sure to include a detailed statement explaining why the decision was wrong, along with supporting documents like pay stubs showing hour reduction, any written communication with your employer about the changes, and documentation of your job search efforts if applicable. The burden is on you to prove you had good cause to leave.
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Malik Davis
•This is solid advice. I'd also suggest writing a timeline of events leading up to leaving your job. Judges like clear chronological explanations of what happened.
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Isabella Santos
Getting through to NYS Department of Labor by phone to ask questions about appeals is nearly impossible with their call volume. I tried for weeks before finding claimyr.com - it's a service that calls for you and gets you connected to an actual agent. There's a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Helped me get answers about my appeal process that I couldn't get anywhere else.
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Ravi Gupta
•Interesting, never heard of that before. Might be worth trying since calling NYS Department of Labor directly is such a nightmare.
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GalacticGuru
Wait I'm confused about appeals vs adjudication? I thought adjudication was the appeal process? My claim has been in adjudication for weeks and I don't know if that's the same thing or if I need to do something else??
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AstroAdventurer
•Adjudication is the initial review process where NYS Department of Labor investigates your claim. An appeal happens after you receive a determination that you disagree with. Sounds like your claim is still being reviewed, which is different from OP's situation where they already got denied.
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Freya Pedersen
Just want to say good luck with your appeal! The whole unemployment system is so frustrating and they make everything unnecessarily complicated.
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Aurora St.Pierre
I went through a similar appeal process last year when my employer incorrectly reported that I was fired for misconduct. The 30-day deadline is firm, so don't wait! I submitted my appeal online through my.ny.gov which was much faster than mailing. For your situation with reduced hours, definitely gather all your pay stubs showing the decline, any emails or texts from your manager about the schedule changes, and if you have any documentation showing you tried to discuss maintaining your hours with your employer, include that too. NYS considers a substantial reduction in hours as constructive dismissal, which should qualify you for benefits. The hearing will be by phone and the judge will ask you and your employer questions about what happened. Stay organized and stick to the facts - you've got a strong case if you can prove the hour reduction made your job unsustainable.
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