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Ravi Patel

Can I draw unemployment if I quit my job - NYS Department of Labor eligibility?

I'm thinking about quitting my retail job because my manager has been cutting my hours drastically and the schedule keeps changing with no notice. I heard that you normally can't get unemployment if you quit, but wondering if there are exceptions? Does anyone know the NYS Department of Labor rules about this? I really need the income but this situation is becoming impossible to deal with.

Generally you can't get UI benefits if you voluntarily quit, but there are specific exceptions in New York. You might qualify if you can prove you had 'good cause' for quitting - things like unsafe working conditions, harassment, significant changes to your job duties or pay, or constructive discharge. The key is documenting everything before you quit.

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Ravi Patel

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What counts as documentation? I don't have anything in writing about the schedule changes, my manager just tells us verbally.

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Omar Zaki

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Start keeping a log NOW before you quit. Write down every time your schedule gets changed, what your original hours were supposed to be vs what you actually worked, any conversations about it. Take photos of schedules if they're posted. NYS Department of Labor will want proof that you tried to resolve the issue first too.

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This is good advice! Also send emails to your manager documenting the issues so you have a paper trail.

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I quit my job last year for similar reasons and got denied initially but won on appeal. The NYS Department of Labor adjudication process took forever though - like 6 weeks. You really need solid proof that the working conditions were unreasonable and that you tried to fix things first before quitting.

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Ravi Patel

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How did you prove it during the appeal? What kind of evidence did they accept?

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Diego Flores

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honestly the whole system is rigged against workers... even when you have good cause they'll find some reason to deny you. my friend quit because of harassment and STILL got denied. the NYS Department of Labor basically assumes everyone is lying

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That's frustrating but not entirely accurate. Good cause determinations are fact-specific. Harassment cases can be challenging because you need documentation, but they're definitely winnable with proper evidence.

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I had a nightmare trying to get through to anyone at NYS Department of Labor when I had questions about quitting for good cause. Spent hours on hold multiple times and kept getting disconnected. Finally used this service called Claimyr (claimyr.com) that got me connected to an actual agent who explained the whole process. They have a demo video at https://youtu.be/qyftW-mnTNI that shows how it works.

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Never heard of that service before. Did they charge you anything for it?

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There's a cost but honestly worth it when you consider how impossible it is to reach anyone otherwise. The agent I spoke with knew exactly what documentation I needed for my specific situation.

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Sean Flanagan

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wait so you CAN get unemployment if you quit?? i thought that was impossible. my job has been cutting everyone's hours too but i assumed i was stuck there

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Yes, but it's not automatic. You need to meet specific criteria for 'good cause' and the burden of proof is on you. Significant reduction in hours or changes to working conditions can qualify, but you typically need to show you tried to resolve it with your employer first and that a reasonable person would have quit under those circumstances.

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