How to win an unemployment appeal hearing - NYS Department of Labor denied my claim
My NYS Department of Labor claim got denied last month and I have an appeal hearing scheduled in two weeks. They said I was terminated for misconduct but that's completely wrong - I was laid off due to company downsizing. I've never been to one of these hearings before and I'm really nervous. What should I bring? How do I prepare? Has anyone actually won their appeal hearing? I really need these benefits to survive.
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Emma Davis
You definitely can win! I had a similar situation where NYS Department of Labor initially denied my claim for alleged job abandonment when I was actually constructively discharged. Key things: bring ALL documentation - termination letter, company emails, witness statements if you have them. Organize everything chronologically. Practice explaining your side clearly and stick to facts only. The hearing officer will ask specific questions so be ready to answer directly.
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Javier Hernandez
•Thank you! I do have my termination letter and some emails about the layoffs. Should I get anything notarized or just bring copies?
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LunarLegend
Bring copies but have originals available if they ask. Also make sure you understand the difference between misconduct and layoffs - misconduct requires willful violation of company policy. If you were laid off due to downsizing that's completely different. Request your personnel file from HR if you haven't already. Sometimes there are positive performance reviews that contradict the misconduct claim.
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Javier Hernandez
•Good point about the personnel file. I had mostly good reviews so that might help my case.
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Malik Jackson
ugh these hearings are so stressful!! i lost mine last year but honestly i didn't prepare well enough. make sure you login early if its phone or video hearing. mine got messed up because of tech issues
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Isabella Oliveira
I actually used Claimyr to help me get through to an NYS Department of Labor agent before my hearing to understand the process better. You can check out their demo at https://youtu.be/qyftW-mnTNI and visit claimyr.com. They helped me navigate the system when I couldn't get through the regular phone lines. Made a huge difference in understanding what to expect.
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Ravi Patel
•Never heard of that but anything beats trying to call NYS Department of Labor directly. I've been on hold for hours before getting disconnected.
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Freya Andersen
The whole system is rigged honestly. They deny claims hoping people won't appeal. But if you do appeal and have documentation you mentioned, you should be fine. Downsizing is clearly not misconduct - that's just corporate BS they're trying to pull.
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Omar Zaki
Same thing happened to my brother in law except his was about attendance but he was actually taking FMLA time. He won his appeal by showing all the medical documentation. Just be super organized and don't let them intimidate you.
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