Should I get a lawyer for unemployment appeal hearing with NYS Department of Labor?
My UI claim got denied last month and I filed an appeal with NYS Department of Labor. Now I have a hearing scheduled in 3 weeks and I'm not sure if I should hire a lawyer or represent myself. The denial was for 'misconduct' but I feel like my former employer is lying about what happened. Has anyone been through an unemployment appeal hearing before? Did you use a lawyer and was it worth it? I'm already broke from being unemployed so spending money on legal fees seems scary but I really need these benefits.
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Tate Jensen
You don't necessarily need a lawyer for NYS Department of Labor appeal hearings, but it depends on your case complexity. For misconduct cases, having legal representation can help because employers often have HR people or lawyers representing them. The key is preparing your evidence - get witness statements, documentation of company policies, and your employment records. Appeal hearings are less formal than court but you still need to present your case clearly.
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Marcelle Drum
•Thanks! How do I get my employment records if my former employer won't cooperate? And what kind of evidence works best for misconduct cases?
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Adaline Wong
I represented myself at my NYS Department of Labor hearing last year and won. The administrative law judge was fair and explained the process. What really mattered was having my facts straight and bringing documentation. If you can't afford a lawyer, contact legal aid organizations - some offer free help with unemployment appeals. Also prepare by reviewing the NYS Department of Labor appeal handbook they should have sent you.
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Gabriel Ruiz
•Did you practice what you were going to say beforehand? I'm terrible at speaking in formal situations and worried I'll mess it up.
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Misterclamation Skyblue
honestly the whole unemployment appeal system is rigged against workers. employers have all the resources and time to prepare while we're scrambling to pay bills. i had a lawyer for mine and still lost even though my case was solid. the administrative judges seem to side with employers most of the time. but if you can find affordable legal help it's probably worth it just to level the playing field
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Peyton Clarke
•That's discouraging but probably realistic. What was your case about if you don't mind sharing?
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Vince Eh
If you're having trouble reaching NYS Department of Labor to get information about your case or need help with the appeal process, I used a service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Sometimes talking to a real person can help clarify what evidence you need or answer questions about the hearing process before you decide on legal representation.
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Marcelle Drum
•Interesting, I didn't know services like that existed. Have you actually used it yourself or just heard about it?
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Vince Eh
•I used it when my claim was stuck in adjudication for weeks. Saved me hours of calling and getting busy signals. The agent I reached was able to explain exactly what documents they needed.
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Sophia Gabriel
same situation here! my hearing is next week and im freaking out. employer says i was insubordinate but really i was just standing up for safety issues. did anyone appeal a misconduct decision successfully without a lawyer??
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Gabriel Ruiz
My cousin went through this 2 years ago and said the most important thing was staying calm and sticking to facts during the hearing. Don't get emotional even if the employer's representative says things that make you angry.
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Aisha Hussain
I went through a similar appeal hearing last year for a misconduct denial and won without a lawyer. Here's what helped me: 1) Request all your personnel files from HR in writing - they're legally required to provide them in NY. 2) Document everything with dates and times - write down exactly what happened leading to your termination. 3) Get witness statements from coworkers if possible. 4) Review your employee handbook for the exact policies they claim you violated. The hearing was actually less intimidating than I expected - the judge asked questions and let both sides present their case. Focus on facts, not emotions, and be prepared to counter their version of events with specific details. Good luck!
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Zainab Ismail
•This is super helpful! Quick question - when you say "request all your personnel files from HR in writing," do you mean like an email or does it need to be a formal letter? And how long did it take them to send you the files? My hearing is in 3 weeks so I'm worried about timing.
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