NYS Department of Labor denied my unemployment claim - what to do next?
Got the letter yesterday that my unemployment claim was denied. They're saying I was terminated for misconduct but that's completely wrong - I was laid off due to budget cuts along with 6 other people in my department. The denial letter mentions something about an appeal but I'm honestly lost on where to start. Has anyone dealt with NYS Department of Labor denying claims incorrectly? What's the process like and how long do I have to fight this?
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Daniel Rivera
You have 30 days from the date on the denial letter to file an appeal with NYS Department of Labor. Don't wait - the deadline is strict. You'll need to gather documentation showing you were laid off, not fired for misconduct. Get any emails about the layoffs, your termination paperwork, anything from HR that shows it was budget-related. The appeal form is on the my.ny.gov website under unemployment services.
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Owen Devar
•Thank you! Do I need a lawyer for this or can I handle the appeal myself?
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Sophie Footman
I went through this exact situation last year. NYS Department of Labor initially denied my claim saying I quit voluntarily when I was actually laid off. The appeal process took about 6 weeks but I won and got all my back benefits. Make sure you have witnesses who can testify about the layoffs - coworkers who were also let go, your supervisor if they're willing to help. The hearing is usually done by phone.
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Owen Devar
•That's encouraging to hear you won! Did you have to pay anything to file the appeal?
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Sophie Footman
•No, the appeal is free. Just make sure you submit it before the 30-day deadline or you lose your right to appeal.
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Connor Rupert
same thing happened to me but I missed the appeal deadline because I was dealing with finding a new job ugh... don't make my mistake
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Molly Hansen
If you're having trouble reaching NYS Department of Labor by phone to get more info about your appeal, I used a service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Really saved me hours of calling and getting busy signals when I needed to clarify some details about my hearing.
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Brady Clean
•Never heard of that before but honestly anything is better than sitting on hold for 3 hours just to get disconnected
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Skylar Neal
The whole system is rigged against workers. They deny legitimate claims hoping people won't appeal. Fight it but prepare for a battle. NYS Department of Labor will probably have your former employer provide their side of the story and they might lie to avoid paying higher unemployment taxes.
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Daniel Rivera
•While the system can be frustrating, most appeals with proper documentation do succeed when the initial denial was incorrect. Stay focused on gathering evidence rather than assuming the worst outcome.
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Vincent Bimbach
good luck! appeals can take forever but at least you get backpay if you win
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