NYS Department of Labor unemployment hearing what to expect - first time appealing disqualification
I got disqualified from my unemployment benefits last month and filed an appeal. Now I have a hearing scheduled with an administrative law judge in two weeks and I'm completely terrified. This is my first time dealing with anything like this and I have no idea what to expect at an unemployment hearing. Will my former employer be there? Do I need a lawyer? What kind of questions will they ask? I'm worried I'll say something wrong and mess up my case even more. The disqualification was for 'voluntary quit' but I left because my boss was making the workplace hostile after I complained about safety issues. I have some text messages and emails saved but don't know if that's enough evidence. Can anyone who's been through a NYS Department of Labor hearing tell me what it's actually like?
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Olivia Kay
I went through this exact process last year. The hearing is usually done by phone now unless you specifically request in-person. The administrative law judge will swear you in first, then give both sides a chance to present their case. Your former employer may or may not participate - sometimes they just submit written statements. You don't need a lawyer but having documentation helps a lot. Those text messages and emails about the safety issues could be crucial evidence. The judge will ask about the circumstances of your separation and give you time to explain your side. Keep your answers direct and stick to the facts.
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Henry Delgado
•Thank you! That makes me feel a bit better. Should I organize my evidence in any particular way before the hearing?
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Joshua Hellan
The key thing to remember is that you need to prove you had good cause to quit. For safety issues, document everything - dates, what happened, who you reported it to, what the employer's response was. The judge needs to see you made reasonable efforts to resolve the problem before leaving. Print out all your evidence and have it organized chronologically. Also be prepared to explain why you didn't file for unemployment immediately if there was a delay.
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Henry Delgado
•I did wait about a week before filing because I was hoping they'd resolve the safety issues. Will that hurt my case?
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Joshua Hellan
•A week delay shouldn't be a problem, especially if you can show you were trying to work things out with your employer first. That actually supports your case that you didn't want to quit.
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Jibriel Kohn
ugh the whole appeals process is such a nightmare!! i had my hearing 3 months ago and STILL waiting for the decision. the judge barely let me talk and kept interrupting when i tried to explain what happened. honestly felt like they already made up their mind before the hearing even started
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Henry Delgado
•Oh no, that sounds awful! Did you have evidence with you? I'm worried the same thing will happen to me.
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Edison Estevez
I had trouble getting through to NYS Department of Labor for weeks before my hearing to ask questions about the process. Finally used claimyr.com and they got me connected to an actual agent who explained exactly what to expect. There's even a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. The agent told me the judges are usually fair but you need to be really prepared with your evidence organized and ready to reference specific dates and incidents.
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Emily Nguyen-Smith
•never heard of that site before but might be worth trying if you can't get through the regular way
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James Johnson
been there! mine was about a year ago for misconduct (which was total BS). the hearing lasted about 45 minutes and yeah my employer showed up with their HR person. just stick to the facts and don't get emotional even if they say stuff that makes you mad. i won my appeal but it took 6 weeks to get the decision after the hearing
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Henry Delgado
•6 weeks?? I was hoping to get a decision faster than that. Did you get back pay for all the weeks you missed?
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James Johnson
•yeah got all the back pay plus interest. it was worth the wait but definitely stressful during those 6 weeks
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Sophia Rodriguez
Remember to keep filing your weekly claims even while the appeal is pending! A lot of people forget this step and it can mess up your benefit timeline.
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