Can I get NYS Department of Labor unemployment benefits if I leave my job voluntarily?
I'm thinking about leaving my current job because my boss has been making my life miserable for months. The work environment is toxic and I can't take it anymore. But I'm worried about money - if I quit can I still get unemployment benefits from NYS Department of Labor? I know there are rules about voluntary separation but I'm not sure what they are. Has anyone been in this situation before?
9 comments


Rudy Cenizo
Generally speaking, if you quit your job voluntarily, you won't be eligible for unemployment benefits unless you have what NYS Department of Labor considers 'good cause.' This means things like unsafe working conditions, harassment, significant changes to your job duties or pay, or health issues. Just being unhappy with your boss usually isn't enough. You'd need to document the toxic behavior and show you tried to resolve it first.
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Harmony Love
•What kind of documentation would I need? I have some emails where my boss was really unprofessional but I'm not sure if that's enough.
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Natalie Khan
i quit my job last year and got denied for benefits, had to appeal it and everything. they said i should have tried to work it out with HR first
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Daryl Bright
Before you quit, try to get your employer to lay you off instead. Sometimes if you explain the situation to HR they might be willing to do a 'mutual separation' which could preserve your eligibility. Also, if you can document harassment or hostile work environment, that might qualify as constructive dismissal. Keep records of everything - emails, witness statements, dates and times of incidents.
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Sienna Gomez
•This is really important advice! I had a friend who was able to negotiate a layoff instead of quitting and got her full benefits. Worth a shot before you just walk out.
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Kirsuktow DarkBlade
Look, trying to get through to NYS Department of Labor to get a real answer about your specific situation is nearly impossible with their phone system. I spent weeks trying to reach someone when I had questions about my eligibility. Finally found this service called Claimyr (claimyr.com) that actually gets you connected to a live agent - there's a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. Might be worth using to get a definitive answer about your situation before you make any decisions about quitting.
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Harmony Love
•Thanks for the suggestion! I'll check that out. I really do need to talk to someone who knows the rules before I do something I'll regret.
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Abigail bergen
THE WHOLE SYSTEM IS RIGGED AGAINST WORKERS! They make it so hard to quit a terrible job because they know employers will just abuse people otherwise. I've seen people stay in horrible situations just because they can't afford to lose their UI eligibility. It's not right.
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Ahooker-Equator
have you tried talking to a lawyer? some employment lawyers do free consultations and they might know if your situation qualifies for good cause
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