Which type of unemployment disqualification is hardest to overturn with NYS Department of Labor appeals?
I've been reading horror stories about different types of unemployment disqualifications and I'm getting really nervous about my pending claim. My employer is disputing my separation and I'm worried about what might happen. From what I've seen, some types of disqualifications seem almost impossible to reverse while others people win appeals for. Does anyone know which unemployment disqualification reasons are the worst to deal with? Like is misconduct harder to fight than quitting without good cause? I'm trying to prepare myself mentally for what might be coming and figure out if I should start looking for legal help now or wait to see what happens.
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Michael Adams
From my experience helping people with appeals, misconduct disqualifications are definitely the toughest to overturn. The NYS Department of Labor has a pretty high bar for what constitutes misconduct, but once they decide it happened, you need really solid evidence to prove otherwise. Attendance issues and policy violations are easier to fight than things like theft or insubordination. Voluntary quit cases can actually be winnable if you can prove good cause - domestic violence, unsafe working conditions, significant schedule changes, etc.
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Chloe Mitchell
•That's really helpful, thank you. My situation involves a disagreement about whether I followed proper procedures during a busy shift. Hopefully that's not considered serious misconduct.
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Natalie Wang
honestly the worst part isn't even the type of disqualification its how long everything takes with nys department of labor. my misconduct case took 8 months to resolve and by then i was already working again. the financial damage was done regardless of winning the appeal
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Noah Torres
•This is so true. The timing kills you more than the actual decision sometimes. I won my appeal but it took 6 months and I almost lost my apartment waiting for the backpay.
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Samantha Hall
If you're having trouble getting through to NYS Department of Labor to check on your case status or get more information about the dispute, I had success using Claimyr recently. It's a service that helps you get connected to actual agents when the phone lines are swamped. They have a website at claimyr.com and there's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really helped me get answers about my adjudication when I couldn't get through on my own.
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Ryan Young
•Never heard of this before but might be worth trying. I've been calling for weeks with no luck getting through to anyone who can explain what's happening with my claim.
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Sophia Clark
The WORST type is when they hit you with an overpayment notice on top of everything else. Like not only did they decide you shouldn't have gotten benefits, but now you owe them money back with interest and penalties. That's a nightmare scenario that can follow you for years.
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Chloe Mitchell
•Oh god I hadn't even thought about that possibility. Do they always do overpayment demands when they reverse a decision?
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Michael Adams
•Not always, but it can happen depending on the circumstances and how long you received benefits before the disqualification was determined. That's why it's so important to appeal quickly if you disagree with their decision.
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Katherine Harris
been there with the stress and waiting. whatever type of case you have just make sure you keep all your documentation organized. emails, text messages, witness statements, everything. the appeals process is all about having proof to back up your side of the story
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