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Liam McConnell

Can I apply for unemployment if I quit my job in NY - NYS Department of Labor eligibility question

I had to quit my retail job last month because my manager was creating a hostile work environment and I couldn't take it anymore. Now I'm wondering if I can apply for unemployment benefits through NYS Department of Labor or if quitting automatically disqualifies me? I've heard mixed things and I'm really struggling financially. Does anyone know what the rules are for voluntary separation in New York? I have some documentation of the issues I was having at work if that matters.

You can potentially qualify for unemployment even after quitting, but it depends on your reason for leaving. NYS Department of Labor considers 'good cause' for voluntary separation which includes hostile work environment, unsafe conditions, harassment, or significant changes to your job terms. You'll need to provide documentation when you file your claim and be prepared for possible adjudication.

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Thank you! What kind of documentation would be most helpful? I have some emails and witness statements from coworkers.

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CosmicCaptain

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i quit my job too and got denied initially but then won my appeal. the key is proving you had no choice but to quit

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Definitely file your claim right away even if you're unsure about eligibility. The worst they can say is no, and if you wait too long you might lose potential benefit weeks. When you file online through my.ny.gov, there's a section where you can explain your reason for leaving. Be detailed about the hostile work environment and mention that you have documentation. If your claim goes to adjudication, they'll contact you for more information.

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How long does the adjudication process usually take? I'm worried about bills piling up while I wait for a decision.

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Had a similar situation last year and it was such a nightmare dealing with NYS Department of Labor! Took forever to get through to anyone and they kept asking for more documentation. The whole system is set up to deny people who actually need help.

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I had major issues getting through to NYS Department of Labor when my claim got flagged for adjudication after I quit. Spent weeks trying to call and either got busy signals or hung up on after waiting hours. Finally used this 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 showing how it works. Was able to speak with someone within a day and got my situation sorted out much faster than trying to call on my own.

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That sounds helpful - did they charge a lot for that service? I'm already strapped for cash.

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It was worth it for me to avoid the phone frustration and get my claim moving. Much easier than the alternative of calling hundreds of times.

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Dmitry Petrov

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Make sure you keep applying for jobs while your claim is processing too. Even if you end up getting approved, you'll need to show job search activity for your weekly claims. NYS Department of Labor requires work search contacts now.

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I went through something very similar with a toxic manager situation. The key things that helped my case were: 1) Keep detailed records with dates/times of incidents, 2) Any written communications (emails, texts) showing the hostile behavior, 3) Witness statements from coworkers if possible. When you file, be very specific about how the work environment became intolerable - don't just say "hostile workplace" but explain the specific behaviors and how they affected your ability to work. Also document if you tried to resolve it through HR or management first. NYS DOL looks favorably on cases where you attempted to fix the situation before quitting. The emails and witness statements you mentioned should definitely help your case!

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Harper Hill

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This is really helpful advice! I'm in a similar situation right now and wondering - how detailed should the incident documentation be? Like should I include every single interaction or just the most serious ones? Also, did you have any issues with former coworkers being willing to provide witness statements? I'm worried some of mine might be hesitant since they still work there.

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Finley Garrett

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@Harper Hill I d'recommend documenting the most serious incidents in detail, but also keep a general timeline of everything - even smaller things can show a pattern of behavior. For witness statements, you might be surprised - some coworkers are willing to help if you approach them privately and explain you re'not trying to get anyone in trouble, just documenting what happened. You could also ask former employees who ve'left the company, as they might be more comfortable speaking up without fear of retaliation. Even if you can t'get witness statements, your own detailed documentation with dates and any written evidence can still be very compelling to NYS DOL.

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