What is a good reason to appeal unemployment decision - NYS Department of Labor denied my claim
My NYS Department of Labor claim was denied and I'm wondering what would be a good reason to appeal the decision. They said I was terminated for misconduct but honestly I think my supervisor had it out for me. I was written up twice for being late but the second time was because my car broke down and I called in. Is that enough to win an appeal? The denial letter says I have 30 days to request a hearing but I don't want to waste time if I don't have a strong case. Has anyone successfully appealed a misconduct disqualification before?
10 comments


Abigail Spencer
You definitely have grounds to appeal if the circumstances weren't actually misconduct. Being late due to car trouble isn't willful misconduct if you notified your employer. For a successful appeal you'll need documentation - any texts or emails about calling in, proof of the car issue like repair receipts, your employee handbook showing the attendance policy. The key is proving the termination wasn't due to deliberate wrongdoing on your part.
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Anita George
•I do have the text I sent my supervisor about my car and the tow truck receipt. Should I include copies with my appeal request?
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Logan Chiang
i got denied for misconduct too but won my appeal. you need to show it wasnt willful or that your employer didnt follow their own policies. do you have your employee handbook? if they didnt follow progressive discipline that can help your case
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Anita George
•I never got a copy of the handbook but I think they're supposed to provide one. How do I get that for my hearing?
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Isla Fischer
Good reasons to appeal include: employer didn't follow their own policies, you weren't given proper warnings, the incident was isolated and not a pattern, or there were legitimate circumstances beyond your control. Document everything and be prepared to explain why your actions didn't constitute willful misconduct. You can request your employer's documentation during the hearing process too.
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Miles Hammonds
I had such a hard time getting through to NYS Department of Labor to even understand my denial properly. If you need to talk to someone about your appeal options, I found this service called Claimyr that actually got me connected to an agent. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really helped me get the information I needed for my appeal.
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Ruby Blake
•How much does that cost? I'm already broke from being unemployed and can't afford expensive services right now.
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Miles Hammonds
•It's actually pretty reasonable and way better than spending hours on hold getting nowhere. The peace of mind was worth it for me.
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Micah Franklin
THE WHOLE SYSTEM IS RIGGED AGAINST WORKERS!!! They always side with employers even when the employer is clearly in the wrong. I appealed twice and lost both times even with perfect documentation. Don't get your hopes up but definitely try anyway because you have nothing left to lose at this point.
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Ella Harper
•That's really discouraging to hear. I was hoping the hearing process would be more fair than the initial decision.
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