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PixelPioneer

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

I'm thinking about quitting my retail job because my manager has been scheduling me for only 8-10 hours a week for the past month, down from my usual 35+ hours. The pay cut is making it impossible to cover rent and bills. If I quit, would I still be eligible for unemployment benefits through NYS Department of Labor? I've been working there for almost 2 years and never had any performance issues. Just worried about being disqualified if I voluntarily leave.

Generally speaking, quitting disqualifies you from unemployment benefits UNLESS you have what NYS Department of Labor considers "good cause." A substantial reduction in hours like yours might qualify as constructive dismissal. You'd need to document the hour reduction and show it was involuntary on your part. Keep records of your schedule changes and any communication about the reduced hours.

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PixelPioneer

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Thank you! I do have screenshots of my schedules showing the hour reduction. Should I try talking to my manager first about getting more hours back?

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Paolo Rizzo

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I went through something similar last year. My hours got cut from full-time to part-time and I quit. NYS Department of Labor initially denied my claim but I appealed and won. The key is proving the hour reduction was significant enough to constitute a constructive discharge. Make sure you document everything - schedules, pay stubs, any emails about the changes.

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Amina Sy

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How long did the appeal process take? I'm in a similar situation and wondering if it's worth the hassle.

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If you're having trouble getting through to NYS Department of Labor to ask about your specific situation, I used a service called Claimyr (claimyr.com) that helped me reach an actual agent. They have a video demo showing how it works: https://youtu.be/qyftW-mnTNI. It was super helpful when I needed to clarify my eligibility after a job change.

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PixelPioneer

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Interesting, I'll check that out. The NYS Department of Labor phone lines are always busy when I try calling.

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wait i thought you cant get unemployment if you quit??? this is confusing

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There are exceptions to the general rule. If you quit for "good cause" related to work conditions, substantial hour reduction, or other qualifying reasons, you may still be eligible. Each case is reviewed individually by NYS Department of Labor.

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NebulaNomad

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The unemployment system is so frustrating! They make it seem like you can never quit but then there's all these exceptions that nobody tells you about. I wasted months at a terrible job because I thought I'd lose benefits if I left.

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Javier Garcia

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same here, wish they explained the rules better

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Daniel White

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Before you quit, I'd strongly recommend documenting everything and maybe consulting with a worker's rights organization. A reduction from 35+ hours to 8-10 hours is pretty dramatic - that's basically going from full-time to barely part-time. NYS Department of Labor considers this type of significant hour reduction as potentially qualifying for "constructive dismissal" but you'll want to build a strong paper trail. Save all your schedules, paycheck stubs showing the income drop, and any communications about the hour changes. You might also want to formally request in writing (email works) that your hours be restored to previous levels - if they refuse or ignore you, that strengthens your case that the reduction was involuntary on their part.

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