How to fix disqualified unemployment claim with NYS Department of Labor appeal process?
Got my determination letter yesterday saying I'm disqualified for misconduct at my previous job. The letter mentions I can appeal but doesn't explain much about the process. I worked at a retail store for 2 years and they said I violated company policy but I disagree with their version of what happened. Has anyone successfully appealed a misconduct disqualification? What documents do I need and how long does the whole appeal process take with NYS Department of Labor?
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Jordan Walker
You have 30 days from the date on your determination letter to file an appeal. You can do this online through your my.ny.gov account or mail the appeal form. For misconduct cases, gather any documentation that supports your side - witness statements, company policies, performance reviews, etc. The hearing usually takes 4-6 weeks to schedule.
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Emily Sanjay
•Thank you! Do I need to keep filing my weekly claims while the appeal is pending or should I stop?
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Natalie Adams
definitely keep filing weekly claims!! even if you're disqualified you have to maintain your claim during the appeal or you'll lose benefits even if you win
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Elijah O'Reilly
I went through this exact situation last year. The key is being super prepared for your hearing. Write down everything that happened in chronological order, get any text messages or emails that support your case, and if possible get statements from coworkers who witnessed what happened. The administrative law judge will ask detailed questions about the incident.
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Amara Torres
•How did your hearing go? I'm terrified about having to do this over the phone. Did the employer show up to argue against you?
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Elijah O'Reilly
•Yes they had their HR rep on the call but I had all my documentation ready. Won my appeal because I could prove they didn't follow their own progressive discipline policy. Take notes during the hearing and don't interrupt when they're speaking.
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Olivia Van-Cleve
This whole system is rigged against workers. They automatically side with employers and put the burden on us to prove we didn't do anything wrong. I've been fighting my disqualification for 3 months now and still haven't gotten a hearing date!!
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Mason Kaczka
If you're having trouble getting through to NYS Department of Labor to check on your appeal status, I used a service called Claimyr that helped me reach an actual agent. Check out claimyr.com - they have a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. Really helped when I was stuck in appeal limbo and couldn't get updates on my case.
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Sophia Russo
•interesting, never heard of that before. did it actually work for you?
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Mason Kaczka
•Yeah, got me connected to an agent within a day and they explained exactly where my appeal was in the process. Way better than sitting on hold for hours just to get disconnected.
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Natalie Adams
also make sure you understand what type of misconduct they're claiming - there's simple misconduct and gross misconduct and the penalties are different
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