How to win an unemployment appeal - NYS Department of Labor hearing next week
My employer contested my unemployment claim and I lost the initial determination. Now I have an appeal hearing scheduled with NYS Department of Labor next week and I'm terrified. They're claiming I was fired for misconduct but honestly I was just struggling with the workload and made some mistakes. I've never done anything like this before. What should I bring to the hearing? How do I prove my case? Any advice on how to win an unemployment appeal would be really helpful.
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GalaxyGuardian
First thing - gather ALL your documentation. Bring any emails, performance reviews, employee handbook, witness statements if you have them. The key is proving that what happened doesn't rise to the level of misconduct under NYS Department of Labor standards. Poor performance isn't the same as willful misconduct. Make sure you can show you were trying to do your job properly.
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Keisha Robinson
•I do have some emails where my supervisor was actually praising my work just a few weeks before they fired me. Should I print those out?
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Paolo Ricci
Been through this exact situation last year. The hearing officer will want to know if you violated company policy willfully or if it was just poor performance. Make a timeline of events leading up to your termination. Also practice explaining your side calmly - don't get emotional even if your employer says unfair things.
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Keisha Robinson
•Did you win your appeal? I'm so nervous about speaking at the hearing.
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Paolo Ricci
•Yes I did win! The key was showing I didn't intentionally violate policy. Stay factual and stick to the timeline.
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Amina Toure
ugh the whole system is rigged against workers anyway. employers always lie at these hearings and the hearing officers usually believe them over us
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GalaxyGuardian
•That's not necessarily true. If you have documentation and can clearly explain what happened, hearing officers are pretty fair. The burden is on the employer to prove misconduct.
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Oliver Zimmermann
Wait, can I ask how long it took to get your appeal hearing scheduled? I just filed my appeal two weeks ago and haven't heard anything from NYS Department of Labor yet. Getting really stressed about paying bills while this drags on.
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Keisha Robinson
•Mine took about 6 weeks to get scheduled. You can try calling but good luck getting through.
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Natasha Volkova
•If you're having trouble reaching NYS Department of Labor by phone, I actually used a service called Claimyr recently that helped me get through to an actual agent to check on my appeal status. You can see how it works at claimyr.com - they even have a video demo at https://youtu.be/qyftW-mnTNI. Saved me hours of trying to call myself.
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Javier Torres
most important thing is don't admit to anything! even if you think you made mistakes don't say that at the hearing
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GalaxyGuardian
•Actually, being honest is better. You can acknowledge mistakes while explaining they weren't intentional misconduct. The hearing officer can tell if you're being evasive.
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Emma Davis
Good luck! I know how stressful these hearings can be. Just remember to speak clearly and stick to the facts.
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