NYS Department of Labor denied my unemployment benefits - what to do next?
Got my determination letter yesterday and NYS Department of Labor denied my claim saying I was terminated for misconduct. This is completely wrong - I was laid off due to company downsizing along with 12 other people. My supervisor even said it wasn't performance related when they let me go. I have no idea why they're saying misconduct. What can I do to fight this? I really need these benefits to pay my rent.
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Nasira Ibanez
You absolutely need to file an appeal with NYS Department of Labor immediately. You have 30 days from the date on your determination letter to request a hearing. Don't wait - the clock is ticking. You'll need to gather documentation like your termination paperwork, any emails about the layoffs, and contact info for witnesses who can verify it was a layoff not misconduct.
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Hugo Kass
•Thank you! Do I file the appeal online or do I have to mail something in? And should I keep filing weekly claims while waiting for the hearing?
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Khalil Urso
File online through your my.ny.gov account if possible - it's faster than mailing. Yes, definitely keep filing your weekly claims even though you're appealing. If you win the appeal, you'll get back pay for all those weeks. Make sure you document your job search activities too in case they ask.
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Myles Regis
•This happened to my brother last year. He won his appeal but it took like 6 weeks to get the hearing scheduled. Just be patient but definitely keep filing.
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Brian Downey
ugh the same thing happened to me!! my old job told NYS Department of Labor I quit when I was actually fired for no reason. its so frustrating when companies lie like that. definitely appeal it and if you have any trouble getting through to talk to someone at the department of labor about your case, I used this service called claimyr.com that helped me get connected to an actual agent. they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. saved me hours of calling and getting hung up on
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Hugo Kass
•How long did it take for you to hear back after filing your appeal? I'm so stressed about this.
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Jacinda Yu
Make sure you have all your paperwork ready for the hearing. The judge will want to see proof of the layoff - company announcements, WARN notices if they filed one, anything showing multiple people were let go at the same time. Your word alone might not be enough.
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Landon Flounder
Don't give up! I know it seems overwhelming but lots of people win their appeals when they have the facts on their side. The key is being organized and having documentation ready.
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