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Alice Fleming

Can I file unemployment if I quit my job in NYS? Need to know my options

I'm thinking about quitting my current job because of some serious issues at work but I'm worried about being able to get unemployment benefits. I know usually you can't get UI if you quit voluntarily but I've heard there might be exceptions? Does anyone know what the rules are in New York for filing unemployment after quitting? I really need to leave this job but can't afford to be without income for months.

Hassan Khoury

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You CAN get unemployment after quitting in NY but only if you have "good cause." The NYS Department of Labor considers things like unsafe working conditions, harassment, discrimination, or significant changes to your job duties or pay as good cause. You'll need to document everything thoroughly - save emails, take photos if it's safety related, keep records of any complaints you made to HR or management.

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Alice Fleming

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What kind of documentation would be strong enough? I have some emails about the issues but not sure if it's enough.

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i quit my job last year and got denied at first but then won on appeal. the key is proving you had no choice but to quit

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Benjamin Kim

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The burden of proof is on you to show good cause for quitting. NYS Department of Labor will look at whether a reasonable person in your situation would have quit. Document everything - hostile work environment, safety violations, harassment, substantial pay cuts, or changes that weren't part of your original job agreement. Also try to show you attempted to resolve the issues with your employer first before quitting.

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Alice Fleming

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I did try talking to my supervisor and HR multiple times about the problems. Should I put that in writing somehow before I quit?

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Benjamin Kim

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Yes absolutely! Send a final email to HR summarizing the issues and your previous attempts to resolve them. Keep a copy for your records.

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Honestly the whole process is a nightmare even with good cause. I had a clear case of harassment and it still took MONTHS to get through adjudication. The NYS Department of Labor investigators are overworked and understaffed. If you can find another job first that would be so much easier than dealing with this bureaucratic mess.

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Had this exact situation last summer! I was getting panic attacks from the stress at my old job and my doctor actually wrote a letter saying the work environment was affecting my health. That medical documentation really helped my case. But yeah like others said you'll probably get denied initially and have to appeal.

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Alice Fleming

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Did you have to go to a hearing for the appeal or was it just paperwork?

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Hassan Khoury

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If you're having trouble getting through to NYS Department of Labor to discuss your specific situation, there's a service called Claimyr that can help you actually reach a live agent. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Sometimes talking to an actual person at NYS Department of Labor before you quit can help you understand exactly what documentation you'd need.

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never heard of that but might be worth trying since calling the regular number is impossible

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Sarah Ali

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Just want to add that even if you have good cause, there might be a waiting period before benefits start. And if you worked for your employer for less than a certain amount of time the rules might be different. The whole system is designed to make it as hard as possible honestly.

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