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QuantumQuest

Can I get NYS Department of Labor unemployment benefits if I quit due to workplace bullying?

I've been working at this retail store for 8 months and my manager has been making my life hell. She screams at me in front of customers, gives me impossible tasks with unrealistic deadlines, and yesterday she told me I'm 'too stupid for this job' when I asked for clarification on a new procedure. I can't take it anymore and I'm thinking about quitting, but I need to know if I can still get unemployment benefits from NYS Department of Labor if I quit due to bullying? I have some text messages from coworkers who witnessed the verbal abuse but I'm not sure if that's enough documentation. Has anyone been through this before?

Amina Sy

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In New York, you can potentially qualify for unemployment benefits if you quit for 'good cause' which includes a hostile work environment. However, you need to show that you tried to resolve the issue first - did you report the bullying to HR or upper management? NYS Department of Labor will want to see that you made reasonable attempts to fix the situation before quitting. Keep those text messages and try to get written statements from your coworkers if possible.

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QuantumQuest

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We don't really have HR since it's a small store, just the district manager who's friends with my manager. Should I still try reporting it to them first?

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Document EVERYTHING before you quit. Take photos of any written communications, save those texts, and if possible get your coworkers to write down what they witnessed with dates and times. When you file your unemployment claim, you'll need to prove the working conditions were intolerable. Also, make sure you use the exact phrase 'constructive discharge' when you file - that's the legal term for when working conditions are so bad you're forced to quit.

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This is solid advice. I had to quit my last job because of harassment and NYS Department of Labor approved my claim, but I had to provide a lot of documentation during the adjudication process.

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honestly the unemployment system is so messed up, even with good cause they'll probably deny you first and make you appeal. I quit because my boss was sexually harassing me and they STILL made me go through a hearing to prove it was justified. But I did eventually get approved so don't give up if they deny you initially

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QuantumQuest

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That's awful that you had to go through that! How long did the whole process take from filing to getting approved?

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Emma Davis

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If you're having trouble getting through to NYS Department of Labor to ask about this situation, I used a service called Claimyr (claimyr.com) that helped me reach an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. I was stuck trying to get clarification on my claim status for weeks before finding them. Might be worth checking out if you need to speak with someone directly about the good cause requirements.

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GalaxyGlider

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Never heard of that before, is it legit? I've been calling the unemployment office for days about my adjudication and can never get through.

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wait so you can actually get unemployment for quitting?? I thought you had to be fired or laid off. this changes everything for me lol

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Amina Sy

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Only under specific circumstances like hostile work environment, unsafe working conditions, or significant changes to your job terms. It's not easy to prove but it's possible.

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Mei Wong

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I went through something similar last year - my supervisor was creating a toxic environment and I ended up quitting and getting approved for unemployment. A few things that helped my case: I kept a detailed log of incidents with dates/times/witnesses, I sent an email to my manager's boss documenting the issues (even though nothing came of it), and I made sure to file my claim immediately after quitting. The key is showing you had "good cause" and that a reasonable person would have quit under those circumstances. Also, when you file, be very specific about the hostile work environment in your reason for separation - don't just say "quit due to manager" but explain the pattern of verbal abuse and unprofessional treatment. Good luck!

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Millie Long

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Just wanted to add that you should also check if your workplace has any written policies about harassment or workplace conduct that your manager is violating. If they do, make copies of those policies before you quit - it can help strengthen your case that the employer failed to maintain a proper work environment. Also, if you have any performance reviews or written feedback that contradict your manager calling you "stupid," keep those too. The more evidence you can gather that shows this is about the manager's behavior and not your job performance, the better your chances with NYS Department of Labor.

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Olivia Garcia

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That's really good advice about the workplace policies! I didn't even think about checking if they have written harassment policies. I should probably also look at my employee handbook to see what procedures they're supposed to follow. It would definitely help show that management isn't following their own rules.

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I was in a similar situation about 6 months ago and successfully got unemployment benefits after quitting due to workplace harassment. One thing that really helped my case was keeping a written record of every incident - I actually started emailing myself detailed summaries after each confrontation so there would be timestamps. When I filed with NYS Department of Labor, I also included screenshots of the company's employee handbook sections about respectful workplace treatment that my supervisor was clearly violating. The adjudication process took about 3 weeks, but having all that documentation made the difference. Also, when you do quit, make sure to state in your resignation that it's due to the hostile work environment - don't just say you're leaving for "personal reasons" or they might question your good cause claim later.

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Landon Morgan

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This is really helpful - the email timestamps idea is brilliant! I wish I had started documenting things sooner, but I'll definitely start doing that now. How specific should I be in my resignation letter about the hostile work environment? I'm worried about burning bridges but I also want to make sure I qualify for benefits.

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Keisha Thompson

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I'm sorry you're going through this - workplace bullying is serious and can definitely qualify as good cause for unemployment benefits in NY. Based on what others have shared, I'd recommend a few immediate steps: 1) Start documenting everything NOW - write down past incidents with as much detail as you can remember (dates, times, witnesses), 2) Save those text messages from coworkers and ask if they'd be willing to provide written statements, 3) Check your employee handbook for harassment policies your manager is violating, and 4) Even though your store doesn't have HR, consider sending an email to the district manager documenting the issues - this creates a paper trail showing you tried to address it internally. When you do resign, be clear that it's due to the hostile work environment. The fact that your manager is verbally abusing you in front of customers and calling you names creates a strong case for constructive discharge. Don't let anyone convince you that retail work "just involves difficult managers" - what you're describing crosses the line into workplace harassment.

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