What to expect at a NY unemployment hearing/arbitration - need advice on the process

I went through this last year. It's not as scary as it sounds! The arbitration hearing is pretty structured. You'll get a chance to present your side of the story. Here's what to expect: 1. It's usually held either by phone or video conference (as of 2025, they rarely do in-person unless specifically requested) 2. An Administrative Law Judge (ALJ) will run the hearing 3. Your former employer might be present to give their side 4. Prepare ALL documentation related to your case - pay stubs, termination letter, emails, texts, anything that supports your claim 5. The judge will ask specific questions about your employment and separation 6. Be honest, concise, and stick to facts 7. You can have a representative with you if you want (not required) Make sure to log in or call in about 10-15 minutes early. The whole thing usually lasts 30-45 minutes depending on complexity.

had mine last month it was fine. just answer questions when they ask and dont talk over anyone. my employer didnt even show up so it was easy lol

I'm an employment attorney who helps with these cases. In addition to what's been shared, I recommend: - Write down your key points - exact dates of employment, reason for separation, etc. - Have your claim ID number and all correspondence from NYSDOL ready - If your hearing is about misconduct or voluntary quit, focus on explaining why you should still qualify - Understand what section of NY labor law applies to your case - Practice explaining your situation clearly in 2-3 minutes The hearing will be recorded, and the ALJ will make a decision based on testimony and evidence presented. You'll receive the decision by mail within 2-3 weeks. If your employer doesn't show up (happens ~40% of the time), it significantly improves your chances, but still present your case thoroughly.

Not automatically, but it definitely helps your case since there's no one to contest your version of events. The judge still needs to determine if you qualify under the law.

I HAD THE WORST EXPERIENCE with my hearing last month!!! They scheduled it for 9am but didnt call until almost 10:30!!! Then the judge was SO RUDE and kept cutting me off. My employer lied about everything and somehow the judge believed them even though I had proof!! The whole system is RIGGED against workers!!!! Don't expect fairness!!

hey i have a question related to this... if you lose at the hearing can you appeal it? i might have to go through this soon too and im also super nervous.

When I had my hearing in January, I couldn't get through to anyone at NYSDOL beforehand to ask questions about the process, which made my anxiety 10x worse. I discovered a service called Claimyr (claimyr.com) that got me connected to an actual agent within 45 minutes instead of spending days trying to get through. The agent answered all my questions about the hearing and what documents I needed to prepare. They have a video showing how it works: https://youtu.be/Rdqa1gKtxuE For the actual hearing, here's what helped me: I wrote a timeline of events, practiced explaining my situation out loud, and had all my documents organized in a folder. The judge asked about my employment dates, why I was separated, and if I had looked for work since then. It lasted about 30 minutes.

my coworker had his hearing and told me they ask trick questions to try to disqualify you so be careful how u answer!!

Update: I tried the Claimyr service that someone mentioned and actually got through to a NYSDOL agent! They explained that for my type of hearing, I need to have ready: 1) My last two pay stubs, 2) The separation letter, 3) Any written warnings I received, and 4) My work search records. They also told me the hearing would be about 45 minutes and that I should have a quiet place with good reception. I feel much more prepared now. Still nervous but at least I know what to expect!

I remember my first arbitration hearing back in 2023... I was so stressed I could barely sleep the night before! But honestly it wasn't nearly as formal as a court or anything. The judge asked me questions about why I left my job (I was laid off but employer claimed I quit). I just told the truth and explained everything clearly. Oh and one tip - when the hearing starts they'll verify your contact info and claim details, so have all that ready. And don't interrupt when others are speaking, the judge HATES that and will call you out. My hearing was supposed to be 30 mins but ended up being almost an hour because my former boss kept arguing about everything.

Thank you all so much for the advice! I'm still nervous but feel way more prepared now. My hearing is next Tuesday, and I've already started organizing all my documents and practicing what I'll say. I'll update once it's over to let you know how it went. Fingers crossed!