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Makayla Shoemaker

NYS Department of Labor disqualification appeal letter - how to write an effective one?

I got disqualified from my unemployment benefits last week and I need to write an appeal letter to NYS Department of Labor. The notice says I have 30 days to appeal but doesn't give much guidance on what to include. My disqualification was for 'voluntary quit' but I actually left because my employer cut my hours to less than 10 per week which made it impossible to pay my bills. Has anyone successfully written an appeal letter for unemployment disqualification? What should I focus on and what format should I use?

Yes, you can definitely appeal this! For your appeal letter, you need to be very specific about why the disqualification is wrong. Since they said voluntary quit, you need to explain that reducing your hours to under 10 per week constitutes good cause for leaving. Include: 1) Your original work schedule vs the reduced schedule 2) Documentation of the hour reduction (emails, schedules, paystubs) 3) Clear statement that you left due to substantial reduction in hours 4) Request for a hearing. Keep it factual and stick to the timeline of events.

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Thank you! Should I send copies of my paystubs showing the hour reduction or just mention them in the letter?

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Send copies with your appeal letter. NYS Department of Labor needs to see the evidence, not just hear about it. Make sure to keep originals for yourself.

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Emma Olsen

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I went through this same thing 6 months ago. The key is proving you had good cause to quit. Hour reduction below a certain threshold is considered good cause in NY. Make sure you mention that your employer substantially changed the terms of your employment without your agreement.

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How long did your appeal take to get resolved?

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Emma Olsen

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About 8 weeks from when I mailed the letter to when I got the hearing decision. But I got backpay for all the weeks I was disqualified once they overturned it.

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Lucas Lindsey

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ugh the appeal process is so confusing!! I'm dealing with a disqualification too but for attendance issues. Been trying to call NYS Department of Labor for weeks to get clarification but can never get through. The phone system just hangs up on you after being on hold forever. How are we supposed to get help writing these appeals if we can't even talk to anyone?

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Sophie Duck

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I had the same problem reaching NYS Department of Labor by phone until someone told me about Claimyr. It's a service that helps you get through to actual unemployment agents. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. I was able to talk to an agent within a day about my appeal questions.

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Lucas Lindsey

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Never heard of that but I'm desperate at this point. Will check it out, thanks!

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For the format, keep your appeal letter simple. Date at top, then 'RE: Appeal for [your claim number]'. State clearly that you are appealing the disqualification decision dated [date]. Explain the facts chronologically - when you started the job, what your original hours were, when and how they were reduced, and when you quit as a result. End with 'I request a hearing to review this decision.' Sign and date it. Mail it certified mail to the address on your disqualification notice.

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Should I also mention that I looked for other work before quitting or is that not relevant for the hour reduction issue?

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That could actually help your case. If you tried to find additional work to make up for the lost hours but couldn't, that supports your argument that the hour reduction made continued employment unfeasible.

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Anita George

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Been there! One thing - make sure you keep filing your weekly claims even while the appeal is pending. If you win your appeal you'll get backpay for those weeks, but only if you kept certifying that you were unemployed and looking for work.

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Just wanted to say good luck with your appeal. The whole unemployment system is such a nightmare to navigate. At least with the hour reduction you have a clear cut case - that's definitely good cause for quitting in NY.

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Rhett Bowman

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I went through a similar appeal process last year and won! A few additional tips that helped me: 1) Include a timeline of events with specific dates (when hours were reduced, when you gave notice, etc.) 2) If you have any written communication with your employer about the hour reduction, include copies 3) Calculate and mention the percentage reduction in hours - going from full-time to under 10 hours is usually a 70%+ reduction which clearly shows substantial change in employment terms 4) Don't forget to mention if the hour reduction affected your eligibility for benefits like health insurance. The hearing officer really focused on the substantial change aspect in my case. Stay organized and factual - you've got a strong case here!

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