Can I apply for NYS Department of Labor unemployment if I resigned from my job?
I quit my job last month because my boss was making the workplace really toxic and I couldn't handle it anymore. Now I'm struggling to find new work and wondering if I can still file for unemployment benefits even though I resigned voluntarily. Does NYS Department of Labor allow this or do they automatically deny claims when you quit? I'm really stressed about my finances and not sure what options I have.
8 comments
Join the conversation
Charity Cohan
You can potentially qualify for unemployment benefits after resigning, but you'll need to prove you had 'good cause' for leaving. NYS Department of Labor considers things like unsafe working conditions, harassment, significant changes to your job duties, or constructive dismissal as valid reasons. You'll likely face an adjudication process where they investigate your claim.
0 coins
Jean Claude
•What kind of evidence would I need to show for the toxic workplace situation? I didn't really document everything that happened.
0 coins
Josef Tearle
I went through this exact situation two years ago. You need to file your claim and explain in detail why you quit during the initial application. Be very specific about what made the workplace intolerable. NYS Department of Labor will schedule a fact-finding interview where both you and your former employer can present your side. Keep all emails, texts, or any documentation you might have.
0 coins
Shelby Bauman
•How long did your adjudication take? I'm in a similar spot and getting nervous about how long this might drag on.
0 coins
Josef Tearle
•Mine took about 6 weeks total. The hardest part was getting through to anyone at NYS Department of Labor to check on the status. I ended up using a service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Made it so much easier than sitting on hold for hours.
0 coins
Quinn Herbert
Just be prepared that they might deny your initial claim and you'll have to appeal. The burden of proof is on you to show you had no choice but to quit. Document everything you can remember about the toxic behavior - dates, witnesses, any HR complaints you made. Even if you don't have written proof, your testimony during the hearing can still carry weight.
0 coins
Jean Claude
•This is so overwhelming. I just wanted to get away from that awful situation and now I'm worried I made everything worse by quitting.
0 coins
Salim Nasir
Don't give up before you even try! NYS Department of Labor actually sides with workers more often than people think when there's clear evidence of hostile work environments. The key is being thorough in your application and not leaving out any details about why continuing to work there wasn't reasonable.
0 coins