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The whole system is set up to screw workers over! They make it nearly impossible to quit an abusive job and still get benefits. Meanwhile employers can fire you for any reason and you get benefits no questions asked. Makes no sense.
Have you considered documenting the hostile work environment through a work journal? I kept detailed daily notes when I was dealing with a similar situation - dates, times, witnesses present, exact quotes when possible. Also, if your manager is cutting your hours significantly, that could potentially qualify as "constructive dismissal" since it's affecting your ability to earn a living. You might want to check if your state has any worker protection agencies that could advise you before you make the decision to quit. Sometimes having an official complaint on file can strengthen your unemployment case later.
That's excellent advice about the work journal! I wish I had known to do that earlier. How detailed should the entries be? Should I include things like tone of voice or just stick to factual events? And do you know if there's a minimum timeframe I should document before quitting, or is any amount of documentation better than none?
ugh the whole system is so frustrating!! why should we have to stay in toxic jobs just to qualify for benefits we paid into?? makes no sense
I totally understand your frustration - toxic work environments are awful and it feels like you're trapped between staying miserable or losing benefits. Here's what I learned when I was in a similar spot: NYS Department of Labor does allow you to quit and still get unemployment if you can prove "good cause." This includes things like harassment, unsafe working conditions, significant changes to your job duties/pay, or a hostile work environment. The key is having solid documentation - save emails, write down incidents with dates/times, get witness contact info if possible. You don't need to get yourself fired (which is risky). Instead, consider filing complaints with HR first (creates a paper trail), then if things don't improve, you may be able to quit for good cause. Document your attempts to resolve the situation too. It's worth consulting with an employment lawyer for a free consultation if the situation is really bad.
This is really helpful advice! @Jasmine Hernandez How long did it take for NYS Department of Labor to review your good cause claim? I m'worried about the gap between quitting and getting approved - did you have to wait long for benefits to start? Also, did you end up needing that employment lawyer or were you able to handle it on your own with the documentation?
Just wanted to say I filed unemployment after being laid off and my old boss actually reached out a few months later when they had an opening. The unemployment claim had zero impact on our relationship. If anything, it showed I was being responsible about my finances during the gap.
Emma, you're overthinking this! Filing for unemployment when you're laid off is exactly what the system is designed for. Your employer already pays unemployment insurance taxes as part of doing business - think of it like any other insurance policy they carry. When you file a legitimate claim after being laid off, you're not "doing anything" to your employer, you're just accessing benefits you're entitled to. In fact, most employers in retail expect their laid-off employees to file for unemployment benefits during slow periods. It sounds like your manager understood the situation was temporary due to budget constraints, so they'll likely view your filing as completely normal and reasonable. Don't let worry about your employer's feelings prevent you from getting the financial support you need right now.
This is such good perspective! I was definitely overthinking it. It helps to hear that employers actually expect this in situations like mine. I think I was confusing unemployment with some kind of complaint or lawsuit against the company, but you're right - it's just insurance that's already built into the system. Thank you for putting it so clearly!
I was in a similar situation about 6 months ago and successfully got unemployment benefits after quitting due to workplace harassment. One thing that really helped my case was keeping a written record of every incident - I actually started emailing myself detailed summaries after each confrontation so there would be timestamps. When I filed with NYS Department of Labor, I also included screenshots of the company's employee handbook sections about respectful workplace treatment that my supervisor was clearly violating. The adjudication process took about 3 weeks, but having all that documentation made the difference. Also, when you do quit, make sure to state in your resignation that it's due to the hostile work environment - don't just say you're leaving for "personal reasons" or they might question your good cause claim later.
This is really helpful - the email timestamps idea is brilliant! I wish I had started documenting things sooner, but I'll definitely start doing that now. How specific should I be in my resignation letter about the hostile work environment? I'm worried about burning bridges but I also want to make sure I qualify for benefits.
I'm sorry you're going through this - workplace bullying is serious and can definitely qualify as good cause for unemployment benefits in NY. Based on what others have shared, I'd recommend a few immediate steps: 1) Start documenting everything NOW - write down past incidents with as much detail as you can remember (dates, times, witnesses), 2) Save those text messages from coworkers and ask if they'd be willing to provide written statements, 3) Check your employee handbook for harassment policies your manager is violating, and 4) Even though your store doesn't have HR, consider sending an email to the district manager documenting the issues - this creates a paper trail showing you tried to address it internally. When you do resign, be clear that it's due to the hostile work environment. The fact that your manager is verbally abusing you in front of customers and calling you names creates a strong case for constructive discharge. Don't let anyone convince you that retail work "just involves difficult managers" - what you're describing crosses the line into workplace harassment.
Natasha Orlova
Pro tip: if you're in NYC, reach out to your city council member's office. My rate reconsideration was stuck for months, then my council member's office reached out on my behalf and it was fixed in 10 days. They have special contacts at NYSDOL.
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Javier Cruz
•This is actually great advice. Government offices respond way faster to other government offices than to us peasants lol
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Emma Thompson
•yesss! worked for me too when I was waiting for back pay
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Liam Duke
Ugh this is so frustrating but unfortunately totally normal right now. I'm in the exact same boat - submitted my reconsideration docs in September and still waiting. The worst part is knowing they have everything they need but just... aren't processing it. I've been documenting every attempt to contact them and sending follow-up messages through the portal every few weeks just to create a paper trail. One thing that helped me was finding out you can sometimes get through if you call the Spanish line and explain you need English help - they've been more responsive for some reason. Also seconding what others said about contacting your local representatives. I'm planning to reach out to mine next week if I don't hear anything soon. This whole system feels designed to make us give up but we can't let them win! Keep pushing and definitely keep certifying every week so you get that backpay when it finally goes through.
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Kelsey Hawkins
•This is exactly what I needed to hear - knowing I'm not the only one dealing with this nightmare! I'm definitely going to try the Spanish line trick, that's genius. And you're right about not letting them win, it's so tempting to just give up when you're barely scraping by on the lower amount. Thanks for the motivation to keep fighting this!
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