How to prepare for NYS Department of Labor unemployment hearing - what documents do I need?

First, take a deep breath - unemployment hearings aren't as scary as they seem. You'll need to gather all documentation related to your termination: your termination letter, any emails about the position elimination, performance reviews, and your unemployment application. The hearing is usually conducted by phone or video. You'll present your side first, then your employer presents theirs. The administrative law judge will ask questions to both parties. Make sure you have a quiet space and good phone connection.

been thru this twice, its not that bad. just tell the truth and stick to facts. bring everything you have about why you got fired. if they said budget cuts you should have proof of that. dont let them intimidate you

I had a hearing last year when my boss tried to claim I quit when I was actually laid off. Key things: arrive early (or log in early if it's virtual), address the judge as 'Your Honor', speak clearly, and only answer what's asked. Don't volunteer extra information. If you have witnesses who can testify about the circumstances of your termination, let NYS Department of Labor know beforehand. I won my case because I had my supervisor's text messages confirming it was a layoff.

OMG I'm going through the same thing! My hearing is in two weeks and I'm so stressed. Did you get any paperwork from NYS Department of Labor explaining what your employer is claiming? Mine says I was fired for poor performance but I never received any write-ups or warnings. This whole system is so confusing and scary.

If you're having trouble reaching NYS Department of Labor to ask questions about your hearing prep, I discovered this service called Claimyr (claimyr.com) that helps you get through to actual agents. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. I used it when I needed to clarify some hearing procedures and actually got through to someone who explained exactly what documents I needed. Saved me hours of trying to call on my own.

Make sure you understand the difference between misconduct and poor performance. Misconduct usually requires willful violation of company policy, while poor performance is just not meeting expectations. From what you described about budget cuts and position elimination, this doesn't sound like misconduct at all. Your employer has the burden of proving misconduct occurred. Stay calm during the hearing and let them explain their position first - often they can't actually prove what they're claiming.

good luck! these hearings are stressful but if you were really laid off due to budget cuts you should be fine. just tell the truth

I went through this exact situation about 6 months ago - employer claimed misconduct when it was really a layoff. Here's what helped me win: 1) Organize all your documents chronologically in a folder, 2) Write out a timeline of events leading to your termination, 3) Practice explaining your side clearly and concisely, 4) If you have any coworkers who witnessed the layoff discussions, ask if they'd be willing to testify. The judge will likely ask your employer very specific questions about their misconduct claim - if they can't provide solid evidence (like documented warnings, policy violations, etc.), their case falls apart. You've got this! The fact that you have that budget cuts email puts you in a really strong position.