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Aisha Khan

What happens at an unemployment hearing - NYS Department of Labor appeal process help

My former employer contested my unemployment claim and now I have to go to a hearing next week. I've never been through this before and I'm really nervous about what to expect. The NYS Department of Labor notice just says it's a telephone hearing but doesn't give much detail about the actual process. Can anyone who's been through an unemployment hearing tell me what actually happens? How formal is it? Do I need to prepare anything specific? I'm worried I'll say something wrong and lose my benefits.

Ethan Taylor

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I went through a hearing last year when my employer tried to claim I was fired for misconduct. Here's what to expect: It's conducted by an administrative law judge over the phone. You'll be sworn in first, then the judge will ask both you and your employer to present your sides. The whole thing took about 45 minutes for me. Make sure you have all your documentation ready - pay stubs, emails, any written warnings, your termination letter if you have one. The judge will ask specific questions about the circumstances of your job separation. Stay calm and stick to the facts.

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Aisha Khan

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Thank you! Did your employer have a lawyer? I'm worried they'll be more prepared than me since it's a big company.

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Yuki Ito

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The hearing isn't as scary as it sounds. The administrative law judge is neutral and will ask both sides questions. You don't need a lawyer but you can have one if you want. Most important thing is to be honest and have your timeline of events clear in your mind. If your employer says you quit but you were actually laid off, make sure you can explain exactly what happened with dates. The judge will issue a written decision usually within 2-3 weeks after the hearing.

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Carmen Lopez

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This is good advice. I had my hearing last month and the judge was very fair. Just tell the truth about what happened.

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I was in a similar situation earlier this year when I couldn't get through to NYS Department of Labor to check on my appeal status before the hearing. I was getting so frustrated calling every day and either getting busy signals or being disconnected after waiting on hold for hours. A friend told me about this service called Claimyr (claimyr.com) that actually gets you connected to unemployment agents. I was skeptical at first but watched their demo video (https://youtu.be/qyftW-mnTNI) and decided to try it. They got me through to an agent in about 20 minutes and I was able to get all my questions answered about the hearing process. Made me feel way more prepared going in.

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Andre Dupont

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How much does something like that cost? I've been trying to call NYS Department of Labor for weeks about my own hearing coming up.

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It was worth it for the peace of mind honestly. Much better than spending hours on hold every day just to get disconnected.

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ugh unemployment hearings are such BS... had mine 6 months ago and the whole system is rigged against workers. my employer lied through their teeth about why they fired me but of course the judge believed them over me. good luck but dont get your hopes up

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Ethan Taylor

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I'm sorry that happened to you. Did you consider appealing to the Unemployment Insurance Appeal Board? You have 30 days from the decision date to file a further appeal if you think the judge made an error.

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Jamal Wilson

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One thing that helped me was writing down a timeline of everything that happened before I was terminated, with dates if possible. During the hearing, the judge asked very specific questions about conversations I had with my supervisor and when they occurred. Having everything written down made it easier to remember details under pressure. Also, if you have any witnesses who can testify about your work performance or the circumstances of your termination, they can participate in the hearing too.

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Aisha Khan

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That's a great idea about the timeline. I do have a coworker who saw what happened but I wasn't sure if they could be involved.

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Carmen Lopez

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just had my hearing last week, pretty straightforward tbh. judge asked me why i left my job, asked my employer why they think i shouldnt get benefits, then asked follow up questions. whole thing was maybe 30 min. waiting for the decision now but feeling ok about it

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Yara Khoury

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I had my hearing about 3 months ago and want to echo what others have said - preparation is key. The judge will likely ask you to explain in your own words what led to your job separation, so practice telling your story clearly and concisely. Don't interrupt when your employer is speaking, even if they say something you disagree with - you'll get your chance to respond. Also, speak clearly since it's over the phone - the judge needs to be able to understand you. If you don't understand a question, it's totally fine to ask for clarification. The judges are used to dealing with people who aren't lawyers. You've got this!

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