If I get denied unemployment can I apply again - NYS Department of Labor options?
Just got word that my initial unemployment claim was denied by NYS Department of Labor. They're saying I was terminated for misconduct which is complete BS - I was let go for attendance issues but nothing serious. My question is can I reapply right away or do I have to wait? Also should I appeal this decision first before trying to file a new claim? I really need these benefits and don't know what my next steps should be.
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Muhammad Hobbs
You definitely want to appeal the denial rather than filing a new claim. When NYS Department of Labor denies for misconduct, reapplying won't change their decision on the same separation. You have 30 days from the determination date to file an appeal. The appeal process lets you present your side of the story and challenge their misconduct finding.
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Sasha Reese
•Thanks for the info! Do I need to get documentation from my employer or can I just explain what happened in my own words?
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Noland Curtis
definitely appeal!! i got denied for the same thing and won my appeal hearing. the key is showing that whatever you did wasn't intentional misconduct. attendance issues usually aren't considered willful misconduct unless you were just no-showing constantly
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Sasha Reese
•That gives me hope. I had some medical appointments that caused the attendance issues so maybe that will help my case.
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Diez Ellis
You should appeal immediately and gather any documentation you have - medical records, doctor's notes, emails with your supervisor about the attendance issues. The burden is on NYS Department of Labor to prove willful misconduct, not just poor performance. If you had legitimate reasons for the absences, that's strong evidence in your favor. The hearing will be your chance to tell your full story.
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Vanessa Figueroa
I went through something similar and had trouble reaching anyone at NYS Department of Labor to get help with my appeal. If you run into the same issue with getting through on the phone, I used a service called Claimyr (claimyr.com) that helped me connect with an actual agent. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really saved me time since the regular phone lines were impossible.
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Sasha Reese
•How much does something like that cost? I'm already stressed about money.
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Vanessa Figueroa
•It was worth it for me since I couldn't waste days trying to get through. The peace of mind of actually talking to someone who could explain the appeal process was huge.
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Abby Marshall
Same boat here but for different reasons. The whole system is rigged against workers. They'll find any excuse to deny claims and make you jump through hoops. Even if you win your appeal it takes forever to get paid.
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Sadie Benitez
Don't give up! Appeals work more often than people think. Just make sure you file it on time and be prepared with your evidence.
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Katherine Ziminski
I'm in a similar situation and just wanted to add - make sure you keep copies of everything when you file your appeal. I learned the hard way that NYS Department of Labor sometimes "loses" paperwork. Also, if you do get a hearing scheduled, don't be intimidated if your former employer shows up with a lawyer or HR rep. The hearing officer is supposed to be neutral and will listen to both sides. Focus on the facts and stay calm. Good luck with your appeal!
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Freya Christensen
•This is really helpful advice about keeping copies! I didn't even think about them potentially losing documents. Did you end up winning your appeal? I'm nervous about the whole process but reading everyone's experiences here is making me feel more confident about moving forward.
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Mei Chen
I went through the exact same thing last year and won my appeal! The key is to focus on the fact that attendance issues due to medical reasons are NOT misconduct. Make sure you gather all your medical documentation, doctor's notes, and any communication you had with your employer about your medical situation. The appeal hearing is actually pretty straightforward - it's usually done over the phone and the hearing officer will ask both you and your employer questions. Don't let them intimidate you into thinking it's hopeless. NYS Department of Labor has to prove you WILLFULLY violated company policy, and needing medical care isn't willful misconduct. File that appeal ASAP and don't give up!
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