NYS Department of Labor claim denied - fighting unemployment decision with appeal
My unemployment claim got denied by NYS Department of Labor last month and I'm trying to figure out how to fight this decision. They said I was fired for misconduct but that's completely wrong - I was laid off due to budget cuts at my company. I have documentation proving it was a layoff not a firing. Has anyone successfully fought an unemployment denial through the appeal process? What kind of evidence did you need to submit? I really need these benefits while I'm looking for work.
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Amina Diop
You absolutely can fight this through the NYS Department of Labor appeal process. You have 30 days from the denial notice to file your appeal. Gather any documentation about the layoff - termination letter, company announcements, emails about budget cuts, anything showing it wasn't misconduct. The hearing will be your chance to present your case.
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Paolo Moretti
•Thank you! Do I need a lawyer for the hearing or can I represent myself? And do I keep filing weekly claims while the appeal is pending?
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Oliver Weber
Same thing happened to my brother last year. NYS Department of Labor initially denied his claim saying he quit when he was actually terminated. He fought it with documentation and won at the hearing. Make sure you have witness statements from coworkers if possible, and any HR documents about the layoffs.
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Natasha Romanova
ugh the nys department of labor always does this stuff... they deny first and ask questions later. so frustrating when you actually need the money
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NebulaNinja
•I know right?? They make it so hard to get through to anyone on the phone too. I've been trying to call for weeks about my adjudication issue.
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Javier Gomez
If you're having trouble getting through to NYS Department of Labor to discuss your appeal, I used a service called Claimyr (claimyr.com) that helped me reach an actual agent. They have this demo video (https://youtu.be/qyftW-mnTNI) showing how it works. Really helped when I needed to clarify some appeal paperwork requirements.
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Paolo Moretti
•That's interesting, I'll check it out. I do need to talk to someone about the appeal timeline since I'm getting close to the 30 day deadline.
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Emma Wilson
Keep filing your weekly claims even during the appeal! If you win, you'll get backpay for all those weeks. Also make sure you're doing your job search requirements - 3 work search activities per week even while appealing.
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Malik Thomas
Good luck with your appeal! The system is designed to discourage people but don't give up. Document everything and stay organized with your paperwork.
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