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Miguel Ramos

NYS Department of Labor disqualified my unemployment benefits - what are my options now?

Just received a determination letter saying I've been disqualified for unemployment benefits. The letter mentions something about 'misconduct' but I honestly don't understand what they're referring to. I was laid off from my retail job after 3 years and thought I'd automatically qualify. The whole thing is confusing and I'm really stressed about how I'm going to pay my bills. Has anyone been through this before? Can I fight this decision somehow?

You have the right to appeal any disqualification decision from NYS Department of Labor. You typically have 30 days from the date on your determination letter to file an appeal. The appeal process involves requesting a hearing where you can present your case and explain why you believe the disqualification is incorrect. Make sure you continue filing your weekly claims while the appeal is pending.

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Miguel Ramos

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Thank you! Where exactly do I file this appeal? Is it online through my.ny.gov or do I need to mail something in?

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StarSailor

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I went through something similar last year. NYS Department of Labor initially disqualified me for 'voluntary quit' even though I was actually terminated. The key is gathering all your documentation - termination letter, final paystub, any HR communications. For the appeal hearing, you'll need to clearly explain what actually happened vs what they think happened.

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Miguel Ramos

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How long did your appeal take to get resolved? I'm worried about the timing with bills coming due.

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StarSailor

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Mine took about 6 weeks from filing the appeal to getting the hearing decision. But if you win the appeal, you get back pay for all the weeks you were wrongly disqualified.

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ugh the same thing happened to me!! they said i quit voluntarily but i was basically forced out due to harassment from my supervisor. its so frustrating when they dont understand the full situation

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That's exactly the type of situation where an appeal hearing can help. You'd be able to explain the constructive dismissal circumstances that led to your departure.

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Yara Sabbagh

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If you're having trouble reaching NYS Department of Labor to get clarification on your disqualification or need help with the appeal process, I had success using a service called Claimyr (claimyr.com). They helped me get through to an actual agent when I couldn't get past the busy signals. There's a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. Really helped me understand exactly why I was disqualified so I could address it properly.

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Never heard of that before but might be worth trying. I've been calling for days and keep getting disconnected.

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Paolo Rizzo

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The NYS Department of Labor disqualification system is basically designed to deny as many people as possible initially. They know most people won't bother appealing even when they have a valid case. Don't let them intimidate you - if you were truly laid off, you absolutely deserve those benefits.

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Miguel Ramos

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That's really encouraging to hear. I was starting to think maybe I did something wrong that I wasn't aware of.

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