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

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.

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.

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.

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

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.

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

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!

I went through this exact situation about 8 months ago and I completely understand your nerves. One thing that really helped me was calling the NYS DOL beforehand to ask about the specific process - they were actually pretty helpful in explaining what to expect. The hearing itself was much less intimidating than I thought it would be. The judge explained everything step by step, including when I could speak and when to stay quiet. Make sure you have a quiet place for the call with good phone reception - my neighbor's dog started barking during mine and I had to ask for a brief pause to move to another room. Also, have water nearby because your mouth gets dry when you're nervous! The key is just being truthful and sticking to the facts about what happened with your job. Don't overthink it - you know what happened better than anyone else.

I just went through this process about 6 weeks ago and wanted to share what helped me the most. Beyond all the great advice already given about documents and timelines, I'd recommend doing a practice run of your story out loud beforehand - not just thinking through it, but actually speaking it. I recorded myself on my phone explaining what happened and listened back to catch places where I rambled or got confused. During the actual hearing, I felt much more confident because I'd already "said it" several times. Also, don't be afraid to take a moment to think before answering - the judge won't rush you. When my employer made some claims that weren't accurate, I took a breath and calmly explained my version rather than getting flustered. The decision came back in my favor about 10 days later. You're going to do great - the fact that you're preparing and asking questions shows you're taking it seriously, which is exactly the right approach.

I went through this same process about 4 months ago when my employer contested my claim, and I know exactly how you're feeling right now. The anxiety beforehand was honestly worse than the actual hearing itself. Here's what I wish someone had told me: the administrative law judge is there to get to the truth, not to intimidate you. They'll start by explaining the process and swearing everyone in. Then they'll usually ask you to give your version of what happened first, followed by your employer. The judge will ask clarifying questions throughout - things like "When did this conversation happen?" or "Do you have any documentation of that?" Don't worry if you don't have perfect documentation for everything - just be honest about what you do and don't have. One thing that caught me off guard was that my employer's representative seemed very prepared with dates and details, but the judge asked them just as many tough questions as they asked me. The whole thing lasted about 40 minutes, and I got the written decision about 2 weeks later (in my favor). You've got this - just breathe, tell the truth, and remember that you have every right to those benefits if you were legitimately separated from your job through no fault of your own.