What is an unemployment hearing with NYS Department of Labor - got notice need help
I just received a notice from NYS Department of Labor that there's going to be a hearing scheduled for my unemployment case. I honestly have no idea what this means or what I'm supposed to do. The letter mentions something about my former employer disputing my claim but doesn't explain much else. Has anyone been through one of these hearings before? What actually happens during it and do I need to prepare anything specific? I'm really nervous because I need these benefits and don't want to mess this up.
11 comments


Harper Collins
An unemployment hearing is basically like a mini court proceeding where an Administrative Law Judge reviews your case. This happens when there's a dispute about your eligibility - usually your employer is claiming you were fired for misconduct or quit voluntarily. You'll present your side, your employer presents theirs, and the judge makes a decision. You absolutely should participate even if it feels intimidating. Make sure you have documentation of everything - emails, write-ups, witness statements, anything that supports your version of events.
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Donna Cline
•Thank you! Do I need a lawyer for this or can I represent myself? The notice didn't mention anything about legal representation.
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Kelsey Hawkins
went through this last year when my boss tried to say i was fired for attendance issues. the hearing was over the phone which was less scary than i thought. just be honest and stick to the facts. if you have any proof that contradicts what your employer is saying bring it up. took about 45 minutes and i won my case
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Donna Cline
•That's reassuring to hear you won! Did you have to wait long for the decision after the hearing?
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Kelsey Hawkins
•got the decision in the mail about 2 weeks later. they also posted it on my ny.gov account
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Dylan Fisher
Most unemployment hearings are conducted by phone now, which makes them more convenient. You don't need a lawyer but you can have one if you want. The key is preparation - gather any documentation that supports your case, write down a timeline of events, and be ready to answer questions clearly. The Administrative Law Judge will ask both you and your employer questions about what happened. If your employer doesn't show up, you'll likely win by default. Make sure you're available at the scheduled time because missing the hearing usually results in an automatic loss.
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Edwards Hugo
I'm going through something similar right now! My employer is claiming I quit but I was actually laid off due to lack of work. The whole process is so stressful. I've been trying to call NYS Department of Labor to ask questions about my hearing but I can never get through to anyone. The phone system is terrible and I keep getting disconnected.
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Gianna Scott
•I had the same issue trying to reach someone at NYS Department of Labor about my hearing questions. Someone on here recommended this service called Claimyr that helps you get through to actual agents. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. I used it last week and actually got connected to someone who could answer my questions about the hearing process. Way better than sitting on hold for hours.
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Alfredo Lugo
The unemployment system is such a joke. They make you jump through all these hoops and then your employer can just lie and dispute your claim. I went through a hearing two years ago and even though I won it was months of stress and uncertainty. At least you're getting a hearing though - some people just get denied without any chance to explain their side.
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Sydney Torres
Good luck with your hearing! The judge was pretty fair in my case. Just tell the truth and don't let your employer intimidate you with their HR person or lawyer if they bring one.
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Emma Wilson
I just went through this process a few months ago and I totally understand your nervousness! Here's what helped me prepare: 1) Write down a clear timeline of exactly what happened leading up to your separation from work, 2) Gather any emails, texts, or documents that support your version of events, 3) Think about any witnesses who could back up your story (coworkers, supervisors, etc.), and 4) Practice explaining your situation clearly and calmly. During the hearing, the judge will ask you to tell your side first, then your employer gets to respond, and then there might be follow-up questions. Stay calm, stick to the facts, and don't get defensive even if your employer says things that upset you. The judge has heard it all before and they're pretty good at spotting when employers are stretching the truth. You've got this!
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