What happens when you file an appeal for unemployment - NYS Department of Labor process timeline?

The appeal process has several steps. First, your case gets assigned to an Administrative Law Judge (ALJ). You'll receive a hearing notice in the mail within 2-3 weeks with the date, time, and phone number for your hearing. The hearing is usually scheduled 3-4 weeks out from when you file the appeal. During this time, YES continue filing your weekly claims even though you're not getting paid - this preserves your claim weeks. If you win the appeal, you'll get back payments for all the weeks you certified. Make sure you gather any documentation that proves you were laid off, not fired for misconduct.

i went through this same thing earlier this year. the whole process took about 6 weeks from filing to getting my decision. the hearing was over the phone and lasted maybe 20 minutes. they asked me to explain what happened and let my former employer speak too. just be honest and have your paperwork ready. i won my case and got like $4800 in back pay.

One thing to mention - if you're having trouble reaching NYS Department of Labor to check on your appeal status or ask questions, I found this service called Claimyr (claimyr.com) that actually gets you through to live agents. They have a demo video at https://youtu.be/qyftW-mnTNI showing how it works. I used it when I couldn't get through the regular phone lines during my appeal process and it saved me hours of calling. Really helpful when you need to verify they received your appeal documents or check hearing schedules.

UGH the appeal process is such a nightmare! I'm dealing with this too but for a different reason. They said I didn't meet work search requirements which is RIDICULOUS because I applied to like 30 jobs. The whole system is broken and they just deny people hoping they won't appeal. Don't get your hopes up too high because even if you're 100% right they sometimes still rule against you just because they can.

You don't need a lawyer for the unemployment hearing. Most people represent themselves and do fine. Just make sure you have copies of everything - termination letter, any emails about the layoff, witness contact info if coworkers can back up your story. The ALJ will ask both you and your employer questions. Stay calm and stick to the facts. Since you have written proof of the layoff, you're in a good position.

I went through a similar appeal last year and want to add a few things that helped me. First, when you get your hearing notice, it will include instructions on how to submit evidence beforehand - definitely do this rather than just bringing it to the hearing. You can usually email or fax documents to the ALJ's office. Second, practice explaining your situation clearly and concisely. The hearing goes by quickly and you want to make sure you hit all the key points about why it was a layoff, not misconduct. Also, if your company had any WARN notices or press releases about layoffs around the time you were let go, try to find those online - they can be great supporting evidence. The good news is that misconduct cases have a high burden of proof for employers, so if you have documentation showing it was economic reasons, you should be in good shape.