NYS Department of Labor denied my benefits - when appealing unemployment benefits denial what documents do I need?
Got my denial letter from NYS Department of Labor yesterday and I'm completely lost on the appeal process. They denied me saying I was fired for misconduct but that's not what happened at all. My supervisor and I had a disagreement about scheduling and I was let go the next day, no warnings or anything. The denial letter mentions I have 30 days to appeal but doesn't really explain what I need to submit. Has anyone been through this process? What kind of documentation did you gather? I really need these benefits while I look for work.
11 comments


CosmosCaptain
You definitely should appeal this if you believe the misconduct determination is wrong. For your appeal you'll need to gather any documentation that supports your version of events - emails between you and your supervisor, your employee handbook, any witness statements from coworkers, and your termination paperwork if you have it. The appeal must be filed within 30 days of the date on your denial notice, not when you received it. You can file online through your my.ny.gov account or mail it to the address on the notice.
0 coins
Ravi Choudhury
•Thank you! I do have some text messages from my supervisor about the scheduling issue. Would those help as evidence?
0 coins
Freya Johansen
I went through this exact same thing last year. The key is being really detailed in your appeal statement about what actually happened. Don't just say 'it wasn't misconduct' - explain the whole situation step by step. Include dates, times, who was involved. NYS Department of Labor will schedule a hearing where you can present your case over the phone. Make sure you have all your documents organized before that hearing happens.
0 coins
Ravi Choudhury
•How long did it take from when you filed your appeal to when you had the hearing?
0 coins
Freya Johansen
•About 6 weeks for me, but this was during busy season so it might be faster now.
0 coins
Omar Fawzi
ugh the whole appeals process is such a nightmare. took me 3 months to get my hearing scheduled and then they still denied me anyway. hope you have better luck than i did
0 coins
Chloe Wilson
If you're having trouble getting through to NYS Department of Labor to check on your appeal status, I found this service called Claimyr that helped me reach an actual agent. They have a website at claimyr.com and there's a video demo at https://youtu.be/qyftW-mnTNI showing how it works. I was stuck for weeks trying to get information about my appeal and this got me through to someone who could actually look up my case and explain what was happening.
0 coins
Ravi Choudhury
•Thanks for the suggestion! Did they charge you for this service?
0 coins
Chloe Wilson
•They do charge but for me it was worth it to finally talk to someone who could give me real answers about my case status.
0 coins
Diego Mendoza
Wait, can you still file weekly claims while your appeal is pending? I'm confused about this part.
0 coins
CosmosCaptain
•Yes, you should continue filing your weekly claims even while the appeal is pending. If you win your appeal, you'll get back payments for those weeks. If you don't file the weekly claims, you could lose those weeks even if you win.
0 coins