Should I appeal my NYS Department of Labor unemployment decision - worth the hassle?
Got my determination letter yesterday and they denied my claim saying I was fired for misconduct. Thing is, I was let go because our department got restructured and they said my position was eliminated. My supervisor even said it wasn't performance related when I left. The letter mentions I can appeal within 30 days but I'm not sure if it's worth going through all that. Has anyone here successfully appealed a misconduct determination? What should I expect if I do appeal this decision?
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QuantumQuest
Definitely appeal this! If you have documentation showing it was a layoff due to restructuring and not misconduct, you have a strong case. The appeals process can take 4-6 weeks but it's worth it. You'll need your termination paperwork, any emails about the restructuring, and if possible a statement from your supervisor. Make sure you file the appeal within 30 days of the determination date.
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Paolo Rizzo
•I do have the email about department restructuring. Should I include that with my appeal or wait for the hearing?
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Amina Sy
same thing happened to my coworker last year, she appealed and won after like 2 months. the hearing was over the phone and pretty straightforward
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Oliver Fischer
I had a similar situation where NYS Department of Labor initially denied my claim for misconduct when it was actually a reduction in force. The key is getting documentation from your employer that proves it was elimination of position, not performance issues. For the appeal, you can submit evidence upfront with your written appeal or present it at the hearing. I'd recommend doing both - submit what you have now and bring copies to the hearing.
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Paolo Rizzo
•Good point about bringing copies to the hearing. Did you have a lawyer or represent yourself?
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Oliver Fischer
•I represented myself. The hearing officer was fair and asked good questions to both sides. Just be prepared to explain the timeline clearly.
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Natasha Petrova
ugh the whole appeals process is such a pain but honestly if you know you're right you gotta fight it. I waited too long on mine and missed the deadline, still kicking myself
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Javier Morales
If you're having trouble getting through to NYS Department of Labor to ask questions about the appeal process, I used a service called Claimyr (claimyr.com) that helped me actually reach someone. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. I was stuck trying to get clarification on my appeal status and this got me through to an actual person who could explain the next steps.
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Emma Davis
•Never heard of that before but might be worth looking into. The phone lines are impossible to get through on.
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GalaxyGlider
Appeals are definitely worth it when you know the decision is wrong. The burden of proof is on the employer to show misconduct, and if they classified a layoff as misconduct that's pretty easy to challenge. Just make sure you have your facts straight about the timeline and circumstances.
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