NYS Department of Labor denied unemployment claim - what are my next steps?
Got the determination letter yesterday saying my unemployment claim was denied. The reason they gave was 'voluntary quit without good cause' but I left my job because my manager was creating a hostile work environment and I documented everything. I worked there for 2 years and never had any issues until this new supervisor started last fall. I have emails and witness statements but apparently that wasn't enough for NYS Department of Labor. What can I do now? Can I appeal this decision or am I just stuck? Really need these benefits since I've been looking for work for 6 weeks with no luck.
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Lola Perez
You absolutely can appeal this decision! You have 30 days from the date on your determination letter to file an appeal with NYS Department of Labor. Since you have documentation of the hostile work environment, that's exactly what you need for your appeal. You'll want to organize all your emails, witness statements, and any other evidence of the harassment or hostile conditions. The appeal goes to an Administrative Law Judge who will review your case fresh.
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Ethan Scott
•Thank you! Do I need to keep certifying for weekly claims while the appeal is pending? And how long does the appeal process usually take?
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Lola Perez
•Yes, definitely keep filing your weekly claims even during the appeal process. If you win your appeal, you'll get back pay for all those weeks. The process can take anywhere from 6-12 weeks depending on their backlog.
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Nathaniel Stewart
I went through this exact same thing last year. NYS Department of Labor initially denied my claim for the same reason but I appealed and won. The key is showing that a reasonable person would have quit under those circumstances. Make sure you have everything organized chronologically - dates, times, what was said or done. The hearing officer will want to see a clear pattern.
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Ethan Scott
•Did you have a lawyer for your hearing or did you represent yourself? I'm worried I won't know what to say or how to present my case properly.
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Nathaniel Stewart
•I represented myself and it was fine. The hearing is pretty informal and the judge will ask you questions about what happened. Just stick to the facts and stay calm. You don't need a lawyer unless it's a really complex situation.
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Riya Sharma
ugh this is so frustrating!! the whole system is stacked against workers. i got denied too even though my employer was violating labor laws left and right. these adjudication officers dont understand what its really like working for toxic managers. hope you have better luck with your appeal than i did
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Santiago Diaz
•Did you try appealing? Sometimes the initial denial is just because they don't have enough information, but the appeal hearing gives you a chance to really explain your situation in detail.
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Millie Long
If you're having trouble getting through to NYS Department of Labor to ask questions about the appeal process, I recently 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 that shows how it works. I was getting nowhere trying to call on my own but this got me connected within a few hours. Might be worth checking out since time is important with the 30-day appeal deadline.
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KaiEsmeralda
•sounds too good to be true honestly. how much does something like that cost?
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Millie Long
•I was skeptical too but it actually worked. They don't charge anything upfront and the value is definitely worth it when you consider how impossible it is to reach anyone at NYS Department of Labor normally. The video explains everything.
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Debra Bai
same boat here! was told i abandoned my job even tho i gave 2 weeks notice and everything. gonna appeal but man this whole process is exhausting. good luck with yours!
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