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Freya Andersen

What happens if unemployment is denied by NYS Department of Labor - need help with next steps

Just got a determination letter saying my unemployment claim was denied. I'm honestly shocked because I was laid off from my job at a manufacturing company after 3 years due to downsizing. The letter mentions something about 'voluntary separation' but that's completely wrong - I was definitely laid off with no choice in the matter. What happens now? Can I still get benefits somehow? I really need this income to pay my rent and bills. Has anyone successfully overturned a denial like this?

Omar Zaki

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You can absolutely appeal this denial! You have 30 days from the date on your determination letter to file an appeal with NYS Department of Labor. The fact that they classified it as voluntary separation when you were actually laid off is a clear error that can be corrected. You'll need to gather documentation like your layoff notice, any emails about the downsizing, and witness statements from coworkers if possible.

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Thank you! I do have the layoff notice and some emails. Where exactly do I file the appeal and what form do I need?

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The appeal process is pretty straightforward. You can file online through your my.ny.gov account or mail in form IA 101. Make sure you include all your documentation proving it was an involuntary layoff. During the appeal, you'll likely get a phone hearing where you can explain what really happened. The key is being very clear about the timeline and circumstances of your separation.

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same thing happened to my brother last year, took about 6 weeks but he won his appeal and got all his back benefits

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Diego Flores

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OMG this is so frustrating!! The NYS Department of Labor system is completely broken - they deny people left and right for no reason. I've been trying to call them for WEEKS about my own issues and can never get through. How are we supposed to survive while fighting these bogus denials??

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I totally get the frustration with calling NYS Department of Labor. I actually found this service called Claimyr (claimyr.com) that helped me get through to an actual agent when I couldn't reach anyone for my adjudication issue. They have a demo video at https://youtu.be/qyftW-mnTNI showing how it works. Might be worth checking out if you need to speak with someone urgently about your appeal.

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Sean Flanagan

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Wait so if you get denied do you still have to do the weekly claims? I'm confused about all this stuff. My cousin got denied but she's still filing weekly claims and I don't understand why.

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Omar Zaki

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If you're appealing the denial, yes you should continue filing weekly claims. This ensures you don't lose any potential benefits if your appeal is successful. The weeks you file during the appeal period can be paid retroactively if you win.

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Zara Mirza

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Been through this exact situation. The hearing was actually pretty easy - just had to explain what happened and show my layoff paperwork. The judge was fair and overturned the denial within a week of the hearing. Don't give up!

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I went through something similar when I was wrongly classified as a voluntary quit instead of being laid off. The most important thing is to act quickly on that 30-day deadline for appeals. When you file, be very specific about the error - clearly state that you were involuntarily terminated due to company downsizing, not voluntary separation. Include dates, names of supervisors who conducted the layoff, and any HR documentation you have. Also, if any of your coworkers were laid off at the same time, their contact info could be helpful as witnesses. The hearing officers are usually pretty good at recognizing legitimate cases once they have the facts straight. Stay persistent and keep filing those weekly claims while you appeal!

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