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?
11 comments
Join the conversation
Amina Sy
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.
0 coins
QuantumQuest
•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?
0 coins
Oliver Fischer
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.
0 coins
Natasha Petrova
•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.
0 coins
Javier Morales
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
0 coins
QuantumQuest
•That's awful that you had to go through that! How long did the whole process take from filing to getting approved?
0 coins
Emma Davis
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.
0 coins
GalaxyGlider
•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.
0 coins
Malik Robinson
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
0 coins
Amina Sy
•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.
0 coins
Mei Wong
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!
0 coins