How to protest unemployment claim - NYS Department of Labor hearing process?
My former employer is protesting my unemployment claim and I just got a notice from NYS Department of Labor about a hearing scheduled for next month. I was laid off from my warehouse job in December due to company downsizing, but apparently they're saying I was fired for misconduct which is completely false. I have no idea what I'm supposed to do for this hearing or what evidence I need to bring. Has anyone been through the protest hearing process before? I'm really stressed about this because I need these benefits to pay rent.
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Daniel Rivera
You need to gather all documentation that proves you were laid off, not fired for misconduct. This includes your termination letter, any emails about the layoffs, witness statements from coworkers if possible, and your employment records. The burden is on your employer to prove misconduct, but you want to be prepared with evidence showing it was a legitimate layoff. Make sure you attend the hearing - if you don't show up, you'll automatically lose.
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Owen Devar
•Thank you! I do have the layoff notice they gave me. Should I bring anything else specific? And do I need a lawyer for this?
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Sophie Footman
You don't need a lawyer but you can have one if you want. The NYS Department of Labor hearing is less formal than court but still serious. Bring copies of everything - your layoff notice, any performance reviews, attendance records if you have them. Also prepare a timeline of events leading up to your termination. The administrative law judge will ask both you and your employer questions about what happened.
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Owen Devar
•That's helpful, thanks. How long do these hearings usually take? I'm worried about taking time off my new part-time job.
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Connor Rupert
been thru this twice with different employers who tried to fight my claims. first time i lost because i didnt prepare well enough, second time i won because i had all my paperwork organized. make sure you understand exactly what theyre claiming you did wrong so you can address it directly
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Molly Hansen
I've been trying to reach someone at NYS Department of Labor about a similar issue for weeks and can never get through on the phone. If you need to talk to an agent before your hearing, I recently found this service called Claimyr (claimyr.com) that helps you actually connect with unemployment agents. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Might be worth checking out if you need to clarify anything about your hearing process.
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Owen Devar
•Thanks for the suggestion! I've been having the same problem getting through to anyone at NYS Department of Labor.
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Brady Clean
This is SO frustrating! Employers protest claims all the time just to delay payments even when they know they're wrong. The whole system is rigged against workers. You shouldn't have to jump through hoops to prove you were legitimately laid off!
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Skylar Neal
stay calm during the hearing and stick to the facts. dont get emotional even if your employer says things that upset you. just present your evidence clearly and answer the judges questions honestly
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