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Ryan Kim

How to win unemployment fact-finding interview - NYS Department of Labor scheduled mine next week

Got a letter from NYS Department of Labor saying they need to do a fact-finding interview about my unemployment claim next Tuesday. My former employer is disputing it and saying I was fired for misconduct but that's completely false - I was laid off due to budget cuts along with 6 other people. I'm really nervous about this interview because I need these benefits to survive. Has anyone been through one of these fact-finding interviews before? What should I expect and how can I make sure I come across credibly? I have some documentation from when they laid us off but not sure what else to bring.

Zoe Walker

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I went through this exact situation last year. The key is being completely honest and organized with your documentation. Bring any emails, texts, or written notices about the layoff. If you have contact info for your coworkers who were also laid off, mention that. The interviewer will ask specific questions about what led to your separation - stick to facts, don't get emotional even if your employer is lying. They're trained to spot inconsistencies so just tell the truth about everything that happened.

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Ryan Kim

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Thank you, this is really helpful! I do have the email they sent about the layoffs. Should I also try to get statements from my former coworkers who were laid off the same day?

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Elijah Brown

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You need to understand that the fact-finding interview isn't adversarial - the NYS Department of Labor interviewer is just trying to get the facts. Prepare a timeline of events leading up to your separation. If your employer is claiming misconduct, they need to prove it with documentation. Since you say it was actually a layoff due to budget cuts, focus on: 1) The financial situation at your company 2) How many people were laid off 3) Any advance notice you received 4) Whether you were told it was performance-related or budget-related. Keep your answers direct and factual.

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This is good advice but what if the employer has fabricated some documentation? I'm worried they might make up write-ups or performance issues that never happened.

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Elijah Brown

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If they fabricate documentation, there will likely be inconsistencies you can point out. Did you ever receive written warnings? Were you ever told your job was in jeopardy? If not, that supports your case that this was truly a layoff.

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Natalie Chen

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had a fact finding interview 3 months ago, was so stressed about it but honestly the interviewer was pretty fair. they asked me to explain my side then called my employer separately. took about 20 minutes total. just be prepared to answer questions about your last few weeks at work and why you think you were really let go. if you were truly laid off with other people that should be easy to verify

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I've been dealing with NYS Department of Labor for months and their fact-finding process is so frustrating. Half the time the employers just lie and the interviewers believe them. BUT in your case if you actually have documentation about the layoffs and other people were let go too, you should be fine. The key thing is getting through to an actual human at NYS Department of Labor when you need to follow up - I've had success using this service called Claimyr (claimyr.com) that helps you get through their phone lines. They have a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of being on hold when I needed to check on my adjudication status.

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Ryan Kim

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Thanks for the tip about Claimyr! I might need that if this interview doesn't go well and I have to appeal.

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omg I'm going through the same thing!! my boss is saying I quit but I was totally fired for no reason. so scared about my interview. at least you have other people who got laid off to back up your story

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Zoe Walker

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Just to follow up on my earlier comment - make sure you understand exactly what your employer is claiming. Sometimes they'll say 'misconduct' but really mean attendance issues or performance problems, which are different standards under unemployment law. If it was truly a mass layoff due to budget cuts, that's pretty clear-cut for eligibility. The fact-finding interview is your chance to present your side clearly before they make a determination.

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Ryan Kim

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The letter just says they're disputing it for 'misconduct' but doesn't give specifics. I guess I'll find out more details during the interview itself.

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I've been through two fact-finding interviews with NYS DOL and here's what really helped me: Write down a clear, chronological timeline of your last few weeks at work before you were laid off. Include dates, any meetings about budget issues, conversations with supervisors, and the actual day you and your coworkers were informed about the layoffs. During the interview, they'll likely ask you to walk through exactly what happened, so having this timeline will keep you organized and credible. Also, if you have any company-wide emails about financial difficulties or restructuring, those are gold. The interviewer told me they see a lot of cases where employers try to reframe layoffs as "misconduct" to avoid paying into the unemployment system, so your situation isn't uncommon. Stay calm and stick to the facts - you've got documentation and witnesses, which puts you in a strong position.

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Amina Diop

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This is excellent advice! Creating a timeline sounds like a smart approach. I'm wondering - during the interview, do they typically ask for specific dates or just general timeframes? I can remember the exact day we were laid off but some of the earlier conversations about company finances were more informal and I'm not sure of exact dates.

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I haven't been through a fact-finding interview myself, but I wanted to share what I learned when my sister went through this process last year. She was in a similar situation - laid off but employer claimed misconduct. The NYS DOL interviewer was actually very thorough and fair. They asked her detailed questions about her work performance, any disciplinary actions, and the circumstances of her separation. What really helped her case was that she had saved emails showing the company's financial struggles and the announcement about layoffs. She also provided contact information for her former coworkers who could verify the layoff story. The whole process took about 30 minutes over the phone, and she got approved within a week after that. The key thing she told me was to answer every question completely but don't volunteer extra information that wasn't asked. Good luck with your interview - it sounds like you have a solid case since multiple people were laid off at the same time!

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