How to win appeal for unemployment - NYS Department of Labor denied my claim
My unemployment claim got denied by NYS Department of Labor and I need to file an appeal but I have no idea what I'm doing. They said I was fired for misconduct but that's completely wrong - I was let go because of budget cuts at my company. I have 30 days to appeal and I'm freaking out because I really need these benefits. Has anyone here successfully won an appeal? What evidence did you submit and how did you prepare for the hearing? I'm worried I'll mess this up and lose my chance.
10 comments
Join the conversation
Yara Khalil
I won my appeal last year! The key is documentation. Gather everything - your termination letter, any emails about layoffs or budget issues, witness statements from coworkers if possible. For misconduct appeals, you need to prove the employer's version is wrong. Also, request your complete file from NYS Department of Labor before the hearing so you know exactly what the employer told them.
0 coins
LunarEclipse
•Thank you! I do have the email about company-wide layoffs. Should I also get my performance reviews to show I wasn't fired for poor work?
0 coins
Keisha Brown
The appeal process isn't as scary as it seems. You'll get a hearing with an administrative law judge over the phone usually. Be prepared to tell your story clearly and stick to the facts. If they said misconduct, focus on proving you were laid off for economic reasons. Bring up specific dates, company announcements, how many people were laid off with you, etc.
0 coins
Paolo Esposito
•This is good advice. I had my hearing last month and the judge was actually pretty fair. Just don't get emotional and answer their questions directly.
0 coins
Amina Toure
ugh the appeal process is such a nightmare! I'm still waiting for my hearing date and it's been 6 weeks since I filed. Did anyone else have trouble getting through to NYS Department of Labor to check on their appeal status? I keep calling but can never reach a real person.
0 coins
Oliver Weber
•I had the same problem getting through to NYS Department of Labor! I ended up using this service called Claimyr (claimyr.com) that actually got me through to an agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. It was worth it to finally talk to someone about my appeal status instead of sitting on hold for hours.
0 coins
FireflyDreams
same thing happened to me!! employer lied and said I was fired for attendance when really they were just cutting positions. I'm gathering all my timesheets and emails to prove I had good attendance. this system is so messed up
0 coins
Yara Khalil
•Timesheets are perfect evidence! Make sure you organize everything chronologically and bring extra copies to your hearing.
0 coins
Natasha Kuznetsova
You got this! Appeals are winnable if you have the right evidence. I won mine by showing the company's story didn't match the timeline of events.
0 coins
Chloe Davis
I went through this exact situation 8 months ago - also got wrongly labeled as "misconduct" when it was clearly a layoff. The appeal hearing was actually straightforward once I had my documentation ready. Make sure to get a copy of your employee handbook too, especially any sections about disciplinary procedures. If they didn't follow their own progressive discipline policy before terminating you, that's strong evidence it wasn't misconduct. Also, if other employees were let go around the same time, try to get their contact info as potential witnesses. The judge will want to hear about the broader context of company layoffs, not just your individual case. Don't let the 30-day deadline stress you out - as long as you file on time, you'll get your chance to present your side.
0 coins