What to do if you are denied unemployment benefits - NYS Department of Labor appeal options?
I just got a determination letter saying my unemployment claim was denied. The NYS Department of Labor says I was fired for misconduct but that's not what happened at all. I was let go because they said my performance wasn't meeting expectations, but I was never written up or given any warnings. Is there anything I can do about this? I really need these benefits to pay my rent and I don't understand how they came to this conclusion.
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Jessica Nolan
You absolutely have the right to appeal this decision! You have 30 days from the date on your determination letter to file an appeal with NYS Department of Labor. Log into your my.ny.gov account and look for the appeal option, or you can mail in a written appeal. Make sure you gather any documentation about your termination - emails, performance reviews, employee handbook policies, anything that shows you weren't fired for misconduct.
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Leo McDonald
•Thank you! I do have some emails from my supervisor about my workload being too heavy. Should I include those with my appeal?
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Angelina Farar
I went through this exact same thing last year. The key is proving that what your employer called 'misconduct' was really just poor performance or circumstances beyond your control. NYS Department of Labor has to prove you willfully violated company policy or acted against your employer's interests. Being unable to meet unrealistic expectations isn't misconduct. Document everything and request a hearing if needed.
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Sebastián Stevens
•How long did your appeal take to get resolved? I'm in a similar situation and wondering about the timeline.
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Angelina Farar
•Mine took about 6 weeks total. There was a phone hearing where I got to explain my side, and the administrative law judge ruled in my favor. The employer couldn't prove actual misconduct.
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Bethany Groves
ugh the unemployment system is so messed up, they automatically side with employers half the time even when they're wrong!! i got denied too but never bothered appealing because i figured it was pointless
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Jessica Nolan
•You should definitely appeal if you believe the denial was wrong. NYS Department of Labor administrative law judges are actually pretty fair in hearings, and many denials get overturned when claimants provide their side of the story.
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KingKongZilla
If you're having trouble getting through to NYS Department of Labor to discuss your appeal options, I found this service called Claimyr that helped me connect with an agent when I couldn't get through on my own. They have a website at claimyr.com and there's a video demo at https://youtu.be/qyftW-mnTNI showing how it works. It was really helpful when I needed to understand my appeal rights and get clarification on the process.
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Rebecca Johnston
•Is this like a paid service? I'm already strapped for cash which is why I need my unemployment benefits approved.
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KingKongZilla
•It's worth checking out their site for the details, but for me the value was getting through to someone who could actually explain the process instead of being stuck in phone tree hell for hours.
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Sebastián Stevens
Make sure you keep filing your weekly claims even while your appeal is pending! If you win the appeal, you'll get backpay for all those weeks, but only if you continued to file. I made that mistake and lost out on several weeks of benefits.
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Leo McDonald
•Really? I thought I couldn't file weekly claims if my initial claim was denied. This is good to know!
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Nathan Dell
Same thing happened to me but with a different issue - they said I quit voluntarily when I was actually forced to resign due to harassment. The appeal process worked though. Just be prepared to wait and make sure you have all your documentation organized before the hearing.
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Rosie Harper
I'm going through something similar right now - was denied for "misconduct" when I was actually laid off due to company restructuring. One thing I learned is that you can request a copy of what your employer told the Department of Labor. Sometimes there are discrepancies between what actually happened and what the employer reported. You can get this through a Freedom of Information Law (FOIL) request. It really helped me understand exactly what I needed to address in my appeal. Don't give up - the initial determination isn't the final word!
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Jake Sinclair
•This is really helpful information about the FOIL request! I didn't know you could get a copy of what the employer told them. How long did it take to get those records back? I'm wondering if I should request this before filing my appeal or if I can do it during the process.
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Mila Walker
I've been through the NYS unemployment appeal process twice and won both times. Here's what I wish I had known from the start: 1) File your appeal immediately - don't wait, you only have 30 days. 2) Write a clear statement explaining why the denial was wrong, focusing on facts not emotions. 3) Gather witness contact info if coworkers saw what happened. 4) During the hearing, let the employer speak first so you can address their claims directly. 5) Be respectful but firm about the facts. The administrative law judges really do listen to both sides fairly. Also, if you're worried about representing yourself, some legal aid organizations offer free help with unemployment appeals. Don't let this discourage you - many initial denials get overturned on appeal when the full story comes out.
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Grant Vikers
•This is incredibly thorough advice, thank you! I'm curious about the legal aid organizations you mentioned - do you know of any specific ones in New York that help with unemployment appeals? I'm feeling pretty overwhelmed by this whole process and having some free legal guidance would be amazing. Also, when you say "let the employer speak first," does that mean I should specifically request to go second during the hearing, or is that typically how they structure it anyway?
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Ellie Perry
I had a similar denial overturned last year! One thing that really helped my case was getting a written statement from my former supervisor who had left the company before my termination. She was able to confirm that I had never received any formal warnings or disciplinary actions, and that the performance issues were largely due to unrealistic deadlines and insufficient training. Even if your direct supervisor isn't available, consider reaching out to HR representatives, coworkers, or anyone who can vouch for your work ethic and the circumstances of your termination. Also, when you file your appeal, be very specific about dates, times, and conversations. The more detailed documentation you can provide, the stronger your case will be. Don't let them intimidate you with legal language - you have every right to these benefits if you were terminated without just cause.
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Maya Lewis
•This is such valuable advice about getting written statements from former colleagues! I'm in a similar situation where I was denied for "misconduct" but it was really just performance issues. My question is - how did you approach reaching out to your former supervisor who had left the company? I'm worried about putting people in an awkward position or having them feel like they need to choose sides between me and their former employer. Did you just explain the situation and ask if they'd be willing to provide a statement, or is there a more formal way to request this kind of documentation? I want to be respectful but I also really need to build the strongest case possible for my appeal.
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