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Javier Mendoza

Can I collect unemployment if I quit a job - NYS Department of Labor eligibility question

So I've been working at this retail place for about 8 months and the management has gotten really toxic lately. They cut my hours from 35 to maybe 15 per week, changed my schedule constantly without notice, and my supervisor has been pretty hostile. I'm thinking about quitting but I'm worried about being able to get unemployment benefits. Does anyone know if you can collect unemployment from NYS Department of Labor if you quit your job? I've heard mixed things and don't want to mess up my chances of getting benefits if I really need them.

Emma Thompson

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Generally speaking, if you quit voluntarily you won't qualify for unemployment benefits through NYS Department of Labor. However, there are exceptions for what they call 'good cause' situations. Things like unsafe working conditions, significant changes to your job duties or pay, harassment, or constructive dismissal might qualify. The key is being able to prove that you had no reasonable alternative but to quit.

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What counts as proof though? I don't have anything in writing about the schedule changes or the hostile behavior from my supervisor.

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Malik Davis

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You need to document everything before you quit! Keep records of schedule changes, any hostile interactions, reduction in hours - anything that shows the working conditions became unreasonable. NYS Department of Labor will review your case and may conduct interviews with you and your employer. If they determine you had good cause to quit, you can get benefits. But if you just quit because you don't like the job, you'll be disqualified.

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I wish I had started documenting earlier. Should I try to get some of this in writing before I leave?

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Malik Davis

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Yes, absolutely! Email your supervisor about the schedule changes asking for clarification. Save any texts or emails. Even write down dates and times of incidents with witnesses if possible.

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ugh this happened to me too last year... my manager was awful and kept cutting everyones hours. i ended up quitting and got denied for unemployment at first but then appealed it and won! you have to really prove that quitting was your only option

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StarStrider

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I had a similar situation where I needed to reach NYS Department of Labor to discuss my case after quitting. The phone lines are always busy and I kept getting disconnected. I ended up using 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 that shows how it works. It was really helpful to talk to someone who could explain exactly what documentation I needed for my good cause claim.

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Ravi Gupta

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Never heard of that service before - is it legit? I've been trying to call NYS Department of Labor for weeks about my claim status.

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StarStrider

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Yeah it's legitimate, they basically handle the calling and waiting for you so you don't have to sit on hold for hours. Was worth it for me since I needed to get my case reviewed quickly.

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The whole system is rigged against workers anyway. They make it nearly impossible to prove good cause and even if you do they'll probably find some other reason to deny you. I quit my job last year due to harassment and it took months to get approved even with documentation. NYS Department of Labor always sides with employers first.

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Omar Hassan

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Have you considered talking to your manager first about the issues? Sometimes they don't realize how their actions are affecting employees. Plus if you document that conversation and they refuse to address the problems, that could help your case if you do decide to quit and file for unemployment.

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Dmitry Volkov

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I went through something similar about 6 months ago. The key thing is that NYS Department of Labor looks at whether you had "good cause" to quit - and from what you're describing (major hour cuts, constant schedule changes without notice, hostile supervisor) you might actually have a case. The reduction from 35 to 15 hours alone could be considered constructive dismissal if it's a significant change from your original job terms. Start documenting everything NOW - take screenshots of your schedule, write down specific incidents with dates/times, and if possible get any communications in writing. When you apply, you'll need to clearly explain that you had no choice but to quit due to these unreasonable working conditions. Don't just say you quit because of a "toxic environment" - be specific about how the conditions made it impossible for you to continue working there.

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Zara Mirza

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This is really helpful advice! I'm wondering about the timing though - should I quit first and then apply for unemployment, or is there a way to get pre-approval or at least some guidance from NYS Department of Labor before I actually quit? I'm worried about being without income if they end up denying my claim even with documentation.

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