What should I say at NYS Department of Labor unemployment appeal hearing?
I have my unemployment appeal hearing scheduled for next week and I'm honestly terrified. My initial claim was denied because they said I quit voluntarily, but that's not what happened at all. My supervisor kept changing my schedule without notice and when I complained about it affecting my childcare arrangements, they basically forced me out. I have some text messages from my supervisor but I don't know if that's enough evidence. Has anyone been through one of these hearings before? What should I expect and what should I say to convince the judge that I didn't just quit? I really need these benefits to support my family.
10 comments


Ravi Kapoor
First, organize all your evidence chronologically. Print out those text messages, any emails, and write down a timeline of events with specific dates. During the hearing, stick to the facts and don't get emotional. The judge needs to understand that you had good cause to leave - being forced out due to unreasonable schedule changes that interfere with childcare can qualify as constructive dismissal. Prepare a brief opening statement explaining what happened, then present your evidence piece by piece.
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CosmicVoyager
•Thank you! Should I mention that I tried to work with them on the schedule issues before it got to this point? I have a few emails where I asked for reasonable accommodation.
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Freya Nielsen
been thru this last year when they said i was fired for misconduct. honestly the hearings are way less scary than you think. just tell your story clearly and bring everything you have as proof. the judge will ask your old employer questions too so if they cant back up their story youll probably win
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CosmicVoyager
•Did your former employer actually show up to the hearing? I'm worried they'll have some story prepared that makes me look bad.
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Omar Mahmoud
I had trouble getting through to NYS Department of Labor for weeks before my hearing to ask similar questions. Finally used this service called Claimyr (claimyr.com) that got me connected to an actual agent who explained the whole process. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. The agent was able to tell me exactly what documentation I needed and what to expect. Might be worth checking out if you need to talk to someone before your hearing.
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Chloe Harris
•How much does something like that cost? I'm already struggling financially which is why I need the unemployment in the first place.
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Diego Vargas
Make sure you understand the burden of proof here. Since you're appealing a denial, you need to prove that leaving your job was justified. Document everything about the schedule changes - when they started, how often they happened, whether you received proper notice, and how it impacted your ability to work. If you can show a pattern of unreasonable behavior from your employer that left you no choice but to leave, that strengthens your case for good cause.
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CosmicVoyager
•The schedule changes happened almost weekly for about two months. I kept having to scramble to find last-minute childcare and eventually couldn't afford it anymore. Does that count as a pattern?
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NeonNinja
oh man these hearings are stressful!! i was so nervous during mine i could barely speak. just remember the judge is there to listen to both sides fairly. practice what youre going to say beforehand so you dont freeze up like i did
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Anastasia Popov
Whatever you do, don't let them twist your words. I went through this whole mess last year and my former employer tried to make it sound like I was being difficult when really they were violating labor laws. Stick to your timeline and don't let them derail the conversation. The burden is on them to prove misconduct or voluntary quit - if they can't do that convincingly, you should win the appeal.
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