Can I collect unemployment if I quit my job due to stress - NYS Department of Labor eligibility?
I've been working at this retail chain for about 8 months and the stress has become unbearable. My manager constantly screams at employees, we're understaffed so I'm doing the work of 3 people, and I'm having panic attacks before every shift. My doctor told me the stress is affecting my health but I need the income. If I quit due to these conditions, would I be eligible for unemployment benefits through NYS Department of Labor? I know usually quitting disqualifies you but wondering if there are exceptions for hostile work environments or health reasons.
14 comments


Chloe Taylor
In New York, you can potentially qualify for unemployment after quitting if you have "good cause" which includes unsafe working conditions or situations that would harm your health. However, NYS Department of Labor requires substantial documentation. You'll need medical records showing the job caused health issues, attempts to resolve the situation with your employer, and proof the conditions were intolerable. Document everything - keep records of incidents, get your doctor's assessment in writing, and try addressing concerns with HR first if possible.
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Omar Hassan
•Thank you! I haven't tried HR yet because it's a small company and the manager IS basically HR. Should I still try to document that I attempted to resolve it somehow?
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Chloe Taylor
•Absolutely document any attempts to resolve it, even if it's just sending an email to your manager or their supervisor about the working conditions. NYS Department of Labor wants to see you tried to fix the situation before quitting.
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ShadowHunter
i quit my last job because of stress too and got denied unemployment initially. had to appeal and it took like 3 months to get approved. make sure you have everything documented like the other person said
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Omar Hassan
•What kind of documentation did you need for your appeal? I'm worried I don't have enough proof.
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Diego Ramirez
The key is proving "constructive discharge" - basically that the working conditions were so bad that any reasonable person would have quit. Start documenting incidents now if you haven't already. Take photos of unsafe conditions, save any hostile emails or messages, get witness statements from coworkers if possible. For medical documentation, you need more than just your doctor saying you're stressed - you need records showing the work environment directly caused or worsened specific health conditions. When you do quit, make sure your resignation letter clearly states it's due to the intolerable working conditions.
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Anastasia Sokolov
•This is really helpful advice. I had a similar situation last year and wish I had documented things better from the start.
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Sean O'Connor
I've been trying to get through to NYS Department of Labor for weeks about my own claim issues and it's impossible! If you do end up filing, good luck actually talking to someone there. The phone system just hangs up on you after being on hold forever.
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Zara Ahmed
•I had the same problem until someone told me about Claimyr (claimyr.com). They actually get you through to NYS Department of Labor agents when you can't reach them yourself. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. I was skeptical but it actually worked - got through in like 20 minutes when I'd been trying for days. Might be worth checking out if you need to talk to someone about your eligibility before quitting.
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Luca Conti
honestly the whole system is designed to screw over workers. they make it nearly impossible to qualify even when you have legitimate reasons for leaving. i went through hell trying to prove my case and still got denied
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Omar Hassan
•That's discouraging but I appreciate the honesty. Did you try appealing the decision?
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ShadowHunter
One more thing - if you do quit, file your unemployment claim immediately. Don't wait thinking you need to have everything perfect first. You can submit additional documentation later but there are time limits for filing initial claims.
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Mei Zhang
Just wanted to add that you should also check if your company has an Employee Assistance Program (EAP) - many retail chains do. If you can show you tried using available resources like EAP counseling or stress management programs before quitting, it strengthens your case that you exhausted all options. Also, keep a daily log of incidents with dates, times, and witnesses present. NYS Department of Labor reviewers really want to see a pattern of problems, not just isolated incidents. The more detailed your documentation, the better your chances.
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Amelia Cartwright
•That's excellent advice about the EAP program! I didn't even think about that. My retail job has one but I never used it - I'll definitely look into that as another way to document that I tried to address the stress through proper channels before quitting. The daily log idea is smart too. Thanks for sharing those specific details about what NYS Department of Labor looks for.
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