Can I claim unemployment if I quit my job in New York?
I'm thinking about quitting my job because my boss has been making my life miserable - constantly yelling, unrealistic deadlines, and now they're cutting my hours randomly. But I'm worried about being able to get unemployment benefits if I quit instead of getting fired. Does anyone know if NYS Department of Labor will approve benefits if you quit for these reasons? I really need the income but I can't take this toxic environment anymore.
13 comments
Join the conversation
Malik Johnson
You can potentially qualify for unemployment if you quit for 'good cause' but it's much harder to prove than if you were fired. NYS Department of Labor looks at things like unsafe working conditions, significant changes to your job, or hostile work environment. You'll need to document everything - save emails, write down incidents with dates and witnesses. The burden of proof is on you to show you had no choice but to quit.
0 coins
CosmicCaptain
•What kind of documentation do they actually accept? I have some nasty emails from my supervisor but not sure if that's enough.
0 coins
Isabella Ferreira
honestly i quit my last job and they denied me unemployment right away. took forever to appeal and even then it was a mess. maybe try to get them to fire you instead?
0 coins
Malik Johnson
•That's not great advice - deliberately trying to get fired can backfire if they claim misconduct. Better to follow proper procedures if you have legitimate good cause.
0 coins
Ravi Sharma
I had success quitting for good cause but it took months to resolve. First thing NYS Department of Labor will do is schedule a phone interview to hear both sides. Your employer will likely contest it. You need a paper trail showing you tried to resolve the issues before quitting - complaints to HR, documented conversations, medical records if stress is affecting your health. Also helpful if you can show the work environment violated labor laws or company policies.
0 coins
CosmicCaptain
•How long did the whole process take? I'm worried about going months without any income while they decide.
0 coins
Ravi Sharma
•Mine took about 3 months total including the appeal. I actually used a service called Claimyr to help me get through to NYS Department of Labor agents when I couldn't reach anyone by phone. They have a website at claimyr.com and there's a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. Really helped when I needed to check my case status and couldn't get through the regular phone lines.
0 coins
Freya Thomsen
The whole system is rigged against workers anyway. They make it nearly impossible to get benefits when you quit even for legitimate reasons. Meanwhile companies can fire you for any BS reason and you get benefits no problem. Makes zero sense.
0 coins
Omar Zaki
•I mean there has to be some standard otherwise everyone would just quit and collect unemployment forever...
0 coins
AstroAce
Just went through this myself. Key things NYS Department of Labor told me: you have to show you made reasonable efforts to keep your job before quitting, the situation has to be serious enough that any reasonable person would quit, and you need evidence. Start keeping a journal of every incident, save all communications, and if possible talk to coworkers who witnessed the behavior. Also check if your company has an employee handbook that's being violated.
0 coins
CosmicCaptain
•This is really helpful, thank you. Did you end up getting approved?
0 coins
AstroAce
•Yes but it took forever and I had to appeal the initial denial. The adjudication process was super stressful but worth it in the end.
0 coins
Brianna Schmidt
Have you considered filing a complaint with the Department of Labor for workplace violations while you're still employed? Sometimes having an official complaint on file can strengthen your case if you do need to quit for good cause later. Also, if your hours are being cut randomly, that might actually qualify as constructive dismissal - basically forcing you to quit by making your job untenable. You might want to consult with an employment attorney for a free consultation before making any moves. Many will give you 30 minutes to assess your situation.
0 coins