NYS Department of Labor denied my unemployment claim after termination - how to appeal?
I was terminated from my job last month and filed for unemployment benefits with NYS Department of Labor, but my claim was denied. The denial letter says I was disqualified due to 'misconduct' but I don't think what happened was serious enough to disqualify me from benefits. I was let go for being late a few times over several months, but I had legitimate reasons (childcare issues) and my supervisor never gave me any written warnings. Has anyone successfully appealed a misconduct disqualification? What kind of evidence do I need to gather for the hearing?
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ThunderBolt7
You absolutely can appeal this decision! NYS Department of Labor has strict standards for what constitutes misconduct that disqualifies you from benefits. Being late occasionally usually doesn't meet that threshold unless it was willful and repeated after clear warnings. You'll need to request a hearing within 30 days of the denial notice. Gather any documentation showing your attendance record, communications with your supervisor about the childcare issues, and anything proving you weren't given proper warnings.
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Zoe Papadakis
•Thank you! I do have some emails where I explained the childcare situation to my manager. Should I include those in my appeal?
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Jamal Edwards
same thing happened to me but mine was for 'insubordination' which was total BS. took 6 weeks but i won my appeal hearing. the key is showing they didnt follow progressive discipline policies
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Zoe Papadakis
•Did you have a lawyer for the hearing or represent yourself? I'm worried about going up against HR people who know all the rules.
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Mei Chen
I had trouble reaching anyone at NYS Department of Labor when I needed to check on my appeal status. After weeks of busy signals, I found this service called Claimyr at claimyr.com that actually got me through to a real agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of calling and I was able to get updates on my case within a day.
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Liam O'Sullivan
•Is that legit? Sounds too good to be true with how impossible it is to reach NYS Department of Labor by phone these days.
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Amara Okonkwo
The whole system is rigged against workers! Employers can basically make up any excuse to fire you AND block your benefits. I've seen people get denied for the stupidest reasons while companies get away with treating employees like garbage. But definitely fight it - the administrative law judges are usually more fair than the initial reviewers.
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ThunderBolt7
•While the system can be frustrating, misconduct disqualifications do get overturned regularly when employers can't prove their case. Documentation is key for both sides.
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Giovanni Marino
Make sure you understand the difference between being fired 'for cause' and misconduct that disqualifies you from UI benefits. They're not the same thing under NYS law. Your employer has to prove you willfully violated reasonable work rules after being warned. Attendance issues due to childcare problems often don't meet that standard, especially without progressive discipline.
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Zoe Papadakis
•That's really helpful - I didn't realize there was a difference. The company handbook does mention progressive discipline but I never got any formal write-ups.
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Fatima Al-Sayed
ugh this is bringing back memories of my own nightmare with NYS Department of Labor appeals. took forever but i eventually got my benefits. the waiting is the worst part when youre already stressed about money
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Omar Zaki
I went through a similar appeal process last year for attendance issues related to my son's medical appointments. The key thing that helped my case was showing that I had communicated with my supervisor about the situation and that the company didn't follow their own progressive discipline policy. Document everything - emails, texts, even notes from verbal conversations with dates. Also, check if your employee handbook mentions anything about accommodating family emergencies or childcare issues. The hearing officer will want to see that you made good faith efforts to address the attendance problems and that your employer didn't give you a fair chance to improve. Don't let them intimidate you - many of these misconduct denials get overturned when the employer can't prove willful misconduct.
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