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How do I appeal a ruling of misconduct in NY State?

by Steve
(NY State)

I was recently fired from a job that I held for 6 years. I was told that my "programming numbers are down" and they "are letting me go." The assistant director of the agency apologized and offered to write a recommendation letter. I filed for unemployment insurance and was shocked to find out that I was denied. Specifically, "you were discharged for lack of follow through on developing spring programming. Your supervisor met with you on numerous occasions, and you had a write up on 12/23/08 for your job performance. Failure to follow employer's reasonable expectation is misconduct under UI law."

I have a problem with this on several levels. First, I have no record of this write up on 12/23/08, I simply have a checklist of things to do (not dated). In regard to the meetings with my supervisor, most of them were very informal ("hey Steve, how's the program looking?"). Moreover, it was I who requested the last formal meeting prior to my dismissal (I was having a problem with my supervisor so I asked if we could get together to work things out). Finally, who determines what reasonable expectations are? The facts are that programming numbers are down. There are many factors that could contribute to this, especially given the current economic climate. I did what was asked of me, but I just couldn't get people to register. Is that misconduct? I'm confused and frustrated and need to request a hearing ASAP. What should I focus on in order to have the best chance at winning my appeal? Please help.

Chris's Response to How do I appeal a ruling of misconduct in NY State?

My theories aside, about erroneous initial determinations, it happens frequently and the USDOL conducts studies to determine how it happens.

From my perspective state agencies make a lot of mistakes, because they know they can rely on claimants to not appeal when they really should to get a hearing, which is in fact the only full fact finder one can get during the unemployment process.

The appeal letter itself does not need to do much but indicate your wish to appeal the initial determination.

Then all you need to do is prep for the hearing, so you effectively rebut your guilt of being fired for work related misconduct.

The NY Interpretation index can help you find an effective way to rebut a discharge was for, or not due to work related misconduct.


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