How to win unemployment appeal hearing after NYS Department of Labor denial - need strategies
My employer fought my unemployment claim saying I was fired for misconduct and NYS Department of Labor sided with them. I got the denial letter last week and I know I have 30 days to appeal but I'm completely lost on how to actually win this thing. The hearing notice mentions I can bring witnesses and documents but what kind of evidence actually matters? Has anyone here successfully overturned a misconduct determination? I was let go for supposedly violating company policy but I think they're stretching the truth to avoid paying higher unemployment taxes.
13 comments
Join the conversation
StarStrider
You absolutely can win this if you prepare properly. First, request your complete personnel file from your employer - they have to provide it. Look for any documentation of the incident they claim was misconduct. If there's no written warning or progressive discipline leading up to your termination, that weakens their case significantly. NYS Department of Labor requires employers to prove willful misconduct, not just poor performance.
0 coins
Anastasia Fedorov
•I never got any written warnings about this specific issue. They claim I violated safety protocols but the training was verbal only and pretty vague. Should I mention that in my appeal?
0 coins
Sean Doyle
Document everything you can remember about the incident and your employment history. Write down dates, times, who was present, what was said. If you have any coworkers who witnessed what happened or can testify about the company's inconsistent enforcement of policies, bring them to the hearing. The administrative law judge needs to see your side of the story with concrete details.
0 coins
Zara Rashid
•This is solid advice. I won my appeal last year by showing the company fired other people for the same thing but didn't fight their unemployment claims. Proved they were being selective about when to claim misconduct.
0 coins
Luca Romano
ugh the whole system is rigged against workers anyway. employers lie all the time at these hearings and the judges usually believe them over us. my cousin went through this same thing and lost even though his boss was obviously making stuff up about why he got fired
0 coins
StarStrider
•That's not necessarily true. I've seen plenty of workers win appeals when they come prepared with evidence. The key is documenting your case thoroughly and understanding what constitutes misconduct under NYS Department of Labor rules.
0 coins
Nia Jackson
I had to deal with something similar and couldn't get through to NYS Department of Labor to ask questions about my hearing. Kept getting busy signals for weeks. Finally used Claimyr (claimyr.com) to get connected to an actual agent who explained exactly what I needed to prepare for my appeal hearing. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really helped me understand the process better than trying to figure it out from the confusing paperwork.
0 coins
Mateo Hernandez
•Never heard of that service but honestly anything that helps you actually talk to someone at NYS Department of Labor sounds worth trying. The phone system is impossible.
0 coins
CosmicCruiser
wait so if they fire you for misconduct you automatically get denied unemployment?? i thought you just had to not quit to get benefits. this is confusing me because i might be getting fired soon and need to know what to expect
0 coins
Sean Doyle
•No, misconduct has a specific legal definition. It has to be willful violation of company rules or deliberate disregard of employer interests. Simple poor performance or honest mistakes usually don't qualify as misconduct under unemployment law.
0 coins
Zara Rashid
Make sure you attend the hearing! I know someone who didn't show up thinking they could just submit paperwork and they lost automatically. The judge needs to hear from you directly about what happened.
0 coins
Sean Matthews
Another important tip - if your employer claims you violated a specific policy, ask them to produce the written policy during the hearing. Many employers rely on vague or unwritten "rules" that wouldn't hold up under scrutiny. Also, check if you ever received an employee handbook or signed acknowledgment of the policy they say you violated. The burden is on them to prove you knew about the rule AND willfully violated it. I've seen cases where employers couldn't even produce the policy they claimed was violated.
0 coins
Lilah Brooks
•This is really helpful advice! I'm dealing with a similar situation where my employer is claiming I violated their "zero tolerance" policy, but I never actually received a copy of their employee handbook. They just mentioned some rules verbally during orientation months ago. Should I specifically ask the judge to require them to show proof that I was properly informed about this policy? Also, does it matter if other employees weren't disciplined the same way for similar issues?
0 coins