How to win unemployment appeal for misconduct - NYS Department of Labor hearing coming up
I got terminated from my warehouse job in December and filed for unemployment benefits. NYS Department of Labor denied my claim saying it was misconduct because I allegedly violated safety protocols. I received three safety warnings over six months but I genuinely thought I was following procedures correctly - the training was confusing and my supervisor gave conflicting instructions. My appeal hearing is scheduled for next week and I'm terrified. Has anyone successfully won a misconduct appeal? What kind of evidence should I bring to prove it wasn't willful misconduct? I really need these benefits to survive.
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Natasha Romanova
The key to winning a misconduct appeal is proving the violation wasn't willful or that you had reasonable cause. For your hearing, gather any documentation of the conflicting instructions from your supervisor, training materials that were unclear, and witness statements from coworkers who can testify about the confusion. You need to show the NYS Department of Labor that a reasonable person would have been confused in your situation.
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Oliver Weber
•Thank you! I do have some text messages from my supervisor that contradict the written safety manual. Should I print those out?
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NebulaNinja
Yes definitely print those texts! Also request your complete personnel file from HR before the hearing - sometimes there are positive performance reviews or documentation that shows good faith efforts to follow rules. The burden is on your employer to prove willful misconduct, not just that you made mistakes. Document everything about inadequate training too.
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Javier Gomez
•wait so the employer has to prove it was willful? i thought you had to prove you didnt do anything wrong
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NebulaNinja
•Nope, in NYS the employer bears the burden of proving misconduct was willful and substantial. The employee just needs to show reasonable doubt about intent.
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Emma Wilson
OMG similar thing happened to me last year but with attendance issues. I was having car trouble and my manager said verbal warnings were fine but then they fired me and claimed I was told in writing. I had such a hard time reaching anyone at NYS Department of Labor to even schedule my hearing - kept getting busy signals for weeks. Finally used this service called Claimyr (claimyr.com) that gets you through to actual agents. They have this demo video https://youtu.be/qyftW-mnTNI that shows how it works. Saved me so much frustration trying to get answers about my appeal process.
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Oliver Weber
•Did you end up winning your appeal? And how much did that service cost?
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Emma Wilson
•Yeah I won! The service just helps you get through to real people at NYS Department of Labor when you need to ask questions or get status updates. Worth it when you're dealing with appeal deadlines.
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Malik Thomas
The whole misconduct standard is ridiculous. They expect workers to be mind readers when management can't even provide consistent guidance. I fought a misconduct determination for two years and the stress nearly killed me. These hearings are rigged against working people.
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Isabella Oliveira
•did you eventually win though?
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Ravi Kapoor
At your hearing make sure you dress professionally and speak clearly. The ALJ wants to see that you take it seriously. Also if you have any union representation or employee handbook provisions about progressive discipline, bring those. Good luck!
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Collins Angel
I went through a similar misconduct appeal in NYS last year and won! Here's what really helped me: 1) Bring a timeline of events with dates showing when you received conflicting instructions, 2) If possible, get written statements from coworkers who witnessed the confusion about safety protocols, 3) Highlight any gaps in your training - the ALJ needs to see that your employer failed to provide adequate guidance. During the hearing, stay calm and factual. Don't get defensive, just explain how the conflicting instructions led to your confusion. The fact that you received three warnings over six months actually works in your favor - it shows a pattern of trying to correct behavior rather than willful disregard. You've got this!
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Dylan Hughes
•This is really helpful advice! I'm curious about the timeline - did you use any specific format or just write it out chronologically? Also, when you say "written statements from coworkers," did they have to be notarized or was it okay to just have them write and sign something? I'm worried about asking my former coworkers since some still work there and might be afraid of retaliation.
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