What to say at NYS Department of Labor unemployment appeal hearing - need advice
I have my unemployment appeal hearing next week and I'm honestly freaking out about what to say. My employer contested my claim saying I was terminated for cause but that's not what happened at all. I was let go because they said my position was eliminated due to budget cuts, then two weeks later they posted my exact same job online. I have screenshots of the job posting and my termination letter that says 'position elimination' but I don't know how to present this at the hearing. Has anyone been through one of these NYS Department of Labor appeal hearings before? What should I expect and what's the best way to explain my side?
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Ruby Garcia
First thing - bring ALL your documentation. Print everything out and have multiple copies. Your termination letter, the job posting screenshots, any emails about the position elimination, pay stubs, employee handbook if you have it. The hearing will be conducted by phone usually and you'll have a chance to present your case. Stick to the facts and timeline. Don't get emotional even if your employer lies. The judge will ask questions so answer directly and honestly.
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Isaiah Thompson
•Thank you! Should I prepare like a speech or just answer questions as they come up? I'm worried I'll forget important details.
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Alexander Evans
I went through this last year when my employer tried to claim I quit when I was actually laid off. The key is to be organized with your evidence. Make a timeline of events with dates. When you were hired, when you were told about the elimination, exact date of termination, when you saw the job reposted. The administrative law judge needs to see the contradiction in their story. Also if you have any witnesses who can verify the position elimination story, mention that during the hearing.
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Isaiah Thompson
•Did you win your appeal? I'm so nervous they're going to believe the employer over me.
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Alexander Evans
•Yes I won! The evidence was clear that they were lying. Just present the facts calmly and let the documentation speak for itself. Employers who contest legitimate claims usually have weak cases.
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Evelyn Martinez
Getting through to NYS Department of Labor to get help preparing for your hearing can be impossible with their phone lines. I had a similar situation and used claimyr.com to actually reach an agent who walked me through what to expect. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. The agent helped me understand exactly what the judge would be looking for and what questions they typically ask. Made me feel way more prepared going in.
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Benjamin Carter
•How much does that cost? I'm already stressed about money since my benefits got stopped.
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Evelyn Martinez
•It's worth checking out their site for the details, but honestly getting through on your own is nearly impossible right now. I spent weeks trying to call before I found this option.
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Maya Lewis
ugh the whole system is so stacked against workers. even when you have clear evidence they make you jump through all these hoops. my hearing is next month and im dreading it too. at least you have that job posting as proof - thats solid evidence they lied about eliminating the position
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Isaiah Thompson
•Right? It's so frustrating that I have to prove I'm telling the truth when they're obviously lying. Good luck with your hearing too!
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Isaac Wright
Make sure you understand the difference between misconduct and non-misconduct termination. Your case sounds like clear non-misconduct since they eliminated the position. Even if they try to bring up performance issues during the hearing, focus on the fact that they told you it was budget related and then immediately reposted the job. That proves it wasn't about your performance.
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Isaiah Thompson
•That's a great point. They never mentioned any performance problems in my termination meeting, it was all about budget cuts and restructuring.
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Lucy Taylor
One thing that helped me was writing down key points beforehand. Not a script but bullet points of the most important facts. Date hired, date told about elimination, termination date, date job was reposted. Keep it simple and factual. The judge has heard every excuse from employers so clear evidence like yours usually wins.
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