NYS Department of Labor denied my unemployment claim - what are my options now?
Got the determination letter yesterday saying my UI claim was denied. The reason they gave was 'voluntary quit without good cause' but that's not what happened at all. My supervisor kept changing my schedule last minute and when I couldn't work a Sunday shift she scheduled me for (I have kids and no childcare on weekends), she told me I could either work it or find another job. I said I couldn't work Sundays and she said then I was choosing to quit. Now NYS Department of Labor is saying I voluntarily quit. This doesn't seem right to me - isn't this constructive dismissal or something? What do I do now? Can I appeal this decision?
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Toot-n-Mighty
Yes, you can absolutely appeal this! You have 30 days from the date on the determination letter to file an appeal with NYS Department of Labor. This sounds like it could be constructive discharge - when an employer makes working conditions so unreasonable that you're forced to quit. The fact that your supervisor gave you an ultimatum between working conditions you couldn't meet and quitting could work in your favor. You'll need to gather any documentation you have - texts, emails, schedule changes, anything that shows the pattern of unreasonable demands.
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Tyrone Hill
•Thank you! I do have some text messages where she changed my schedule. How do I file the appeal? Is there a form I need to fill out?
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Lena Kowalski
The appeal process is pretty straightforward. You can file online through your my.ny.gov account or mail in the appeal form. When you file, explain exactly what happened - the schedule changes, the ultimatum, everything. NYS Department of Labor will schedule a hearing where you can present your case. Make sure you have witnesses if possible - other coworkers who saw what happened, anyone who knows about the scheduling issues.
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Tyrone Hill
•Do I keep filing weekly claims while the appeal is pending or do I stop?
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Toot-n-Mighty
•Keep filing your weekly claims! If you win the appeal, you'll get back pay for all the weeks you filed. If you don't file, you can't get those weeks back even if you win.
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DeShawn Washington
ugh the same thing happened to my friend last year. her boss kept scheduling her for shifts she couldnt work then said she quit when she complained. took like 3 months but she won her appeal and got all her back pay. definitely fight it
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Mei-Ling Chen
I had trouble reaching anyone at NYS Department of Labor when I was dealing with my appeal. Kept getting busy signals and when I did get through, they'd transfer me and I'd get disconnected. Someone on here recommended claimyr.com - it's a service that calls for you and gets you connected to an actual agent. Watched their demo video (https://youtu.be/qyftW-mnTNI) and decided to try it. Actually got through to someone who could explain the appeal timeline and what documents I needed. Might be worth looking into if you have trouble getting through on your own.
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Sofía Rodríguez
•how much does something like that cost? seems like you shouldnt have to pay to talk to your own state agency
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Mei-Ling Chen
•I get the frustration but honestly after weeks of trying to get through myself, it was worth it to actually talk to someone who could help. The whole system is overwhelmed and this at least worked.
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Aiden O'Connor
Document everything from now on too. If you're still working there during the appeal, keep track of any retaliation or continued unreasonable demands. And if you're looking for new work, keep your job search log updated - you'll need that for your weekly claims.
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