How to win your unemployment appeal - NYS Department of Labor hearing in 2 weeks
Got my appeal hearing scheduled with NYS Department of Labor for January 28th after being disqualified for 'voluntary quit without good cause.' I left my job because my supervisor was creating a hostile work environment and making discriminatory comments but HR wouldn't do anything about it. I have some text messages and one email documenting incidents but not sure if it's enough. Has anyone successfully won an appeal for something like this? What kind of evidence did you present and how should I prepare for the hearing?
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Sophia Long
You definitely have a chance to win this appeal! For hostile work environment cases, NYS Department of Labor looks for documented pattern of behavior that would make any reasonable person quit. Your text messages and email are good start but try to get more documentation if possible. Write down dates, times, and witnesses for each incident. Also check if your company has written policies about harassment that were violated. The key is showing you tried to resolve it internally first and had no other reasonable option but to quit.
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Carter Holmes
•Thank you! I did report it to HR twice but they just said they'd 'look into it' and nothing changed. Should I try to get copies of those HR reports or would that be too hard to get?
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Angelica Smith
I won my appeal last year for similar situation. Make sure you organize everything chronologically and practice explaining your story clearly. The administrative law judge will ask specific questions about why you didn't try other solutions. Be ready to explain exactly what you reported to HR and when. Also bring any company handbook pages about their harassment policy if you can find them. The hearing is usually pretty informal but take it seriously.
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Logan Greenburg
•How long did your hearing take? I'm worried about taking time off work for mine.
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Angelica Smith
•Mine was about 45 minutes. They're usually scheduled for an hour but can go shorter if your case is straightforward.
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Charlotte Jones
ugh good luck with this... I've been trying to get through to NYS Department of Labor for weeks about my own appeal situation and can never reach anyone. Their phone system is completely broken. I keep getting disconnected or put on hold forever. Has anyone found a way to actually talk to someone there??
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Lucas Bey
•I had the same problem until I found this service called Claimyr that helps you get through to NYS Department of Labor agents. You can check it out at claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. I was skeptical at first but it actually got me connected to someone who could answer my questions about my appeal timeline. Way better than sitting on hold for hours.
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Charlotte Jones
•Interesting, I'll definitely check that out. This whole process is so frustrating when you can't get basic information.
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Harper Thompson
Just make sure you show up on time and dress professionally even if it's by phone. I almost missed mine because I thought it was the next day. Also they record everything so don't ramble or get emotional even if the employer's lawyer says stuff that makes you mad.
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Carter Holmes
•Wait, there might be a lawyer there? I thought it would just be me and the judge.
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Sophia Long
•Your employer can have representation but many don't bother for appeal hearings. Don't worry about it - just focus on presenting your facts clearly.
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Caleb Stark
omg yes this!! i had to do an appeal too and it was SO stressful but i won! the main thing is dont let them make you feel bad about quitting. if your boss was really harassing you then you had good cause period. i wish i had saved more evidence though so definitely try to get those HR records if you can
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