< Back to New York Unemployment

Luca Esposito

Can I get NYS Department of Labor unemployment benefits if I resign from my job?

I'm thinking about resigning from my current position because my manager has been making my work life impossible. The company restructured last month and now I'm doing three people's jobs with no extra pay. I've been there for 8 years and I'm just burned out. But I need to know - if I resign do I get unemployment benefits? I've heard conflicting things about voluntary quits and NYS Department of Labor eligibility. Has anyone been through this before? I can't afford to be without income but I also can't keep working in this toxic environment.

Generally speaking, if you quit voluntarily, you won't qualify for unemployment benefits in NY. The NYS Department of Labor considers this 'leaving work without good cause.' However, there are exceptions if you can prove you had 'good cause' to quit - like unsafe working conditions, harassment, or significant changes to your job duties. You'd need to document everything and be prepared to explain your situation during the claims process.

0 coins

What counts as documentation? I don't have any formal complaints filed with HR because I was afraid it would make things worse.

0 coins

Generally speaking, if you voluntarily quit your job, you won't be eligible for unemployment benefits unless you can prove you had "good cause" for leaving. NYS Department of Labor has specific criteria for what qualifies as good cause - things like unsafe working conditions, harassment, significant changes to your job duties, or health issues. You'd need to document everything and be prepared to explain your situation during the adjudication process.

0 coins

What kind of documentation would I need? I don't have anything in writing about the hostile behavior, it's mostly verbal stuff that happens when we're alone.

0 coins

i quit my job last year and didn't get benefits for like 7 weeks because they said i left voluntarily. eventually got approved after appealing but it was a nightmare dealing with nys department of labor adjudication

0 coins

Oh no, that sounds terrible! What made them finally approve your appeal? I'm in a similar situation and really worried about the whole process.

0 coins

Before you resign, try to document everything - emails showing unreasonable demands, changes to your job description, any hostile behavior from management. If you can show 'constructive dismissal' (basically that they made working conditions so bad you had no choice but to quit), you might have a case for good cause. Also consider if there's any way to get them to lay you off instead - maybe ask about voluntary layoffs or negotiate your departure. The NYS Department of Labor is very strict about voluntary quits, so you want as much evidence as possible if you go that route.

0 coins

That's really helpful advice. I never thought about asking for a layoff instead. Would that automatically qualify me for benefits?

0 coins

If you're laid off through no fault of your own, yes, you'd typically qualify immediately. Just make sure any separation agreement clearly states it's a layoff due to business reasons, not a resignation.

0 coins

Generally speaking, if you voluntarily quit your job, you won't qualify for unemployment benefits UNLESS you can prove you had 'good cause' for leaving. NYS Department of Labor defines good cause pretty strictly - things like unsafe working conditions, harassment that your employer won't address, or significant changes to your job duties or pay. You'd need to document everything and be prepared to explain your reasoning during the claims process.

0 coins

What kind of documentation would I need? The issues I'm dealing with involve management not following safety protocols and some workplace harassment that HR has basically ignored.

0 coins

Before you quit, try to get some kind of paper trail going. Send emails to your boss or HR about the issues you're experiencing, even if they don't respond. If there are witnesses to the hostile behavior, ask them to write statements. NYS Department of Labor will want proof that you tried to resolve the situation before leaving. Also look into whether your company has an employee handbook with policies about workplace harassment.

0 coins

This is really important advice. I quit a toxic job last year without documenting anything and got denied for benefits. Had to appeal and it was a nightmare.

0 coins

The whole system is rigged against workers anyway. I've seen people get denied for the most ridiculous reasons while companies get away with treating employees like garbage. NYS Department of Labor always sides with employers it seems like.

0 coins

I feel you on that. It's so frustrating when you're already in a bad situation and then have to jump through hoops just to get help.

0 coins

You need to be really careful here because if NYS Department of Labor determines you quit without good cause, you'll be disqualified from benefits entirely. Before you resign, try to get everything in writing - emails to HR about the safety issues, written complaints, any responses you received. If you can show a pattern of problems that your employer failed to address, that strengthens your case for good cause.

0 coins

This is so stressful! I'm in a similar situation and the whole process seems so complicated. How long does it take for them to make a decision about good cause?

0 coins

I actually went through this last year. Quit my job because of a hostile work environment and initially got denied for benefits. Had to go through the whole appeal process which took months. If you're dealing with contacting NYS Department of Labor about your case, I found this service called Claimyr (claimyr.com) that helped me get through to an actual person. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Made it way easier than trying to call the regular number over and over.

0 coins

Did you eventually win your appeal? And how much documentation did you need to provide?

0 coins

The system is totally rigged against workers! Even when you have legitimate reasons for leaving they make you jump through hoops to prove it. I've seen people with clear cases of workplace abuse get denied initially just because some adjudicator didn't feel like doing their job properly.

0 coins

Yeah the whole process is frustrating but you can't just give up. The appeals process exists for a reason.

0 coins

honestly if ur thinking about quitting just do it, life's too short to be miserable at work. unemployment is temporary anyway

0 coins

That's not great advice when someone is asking about their financial security. Unemployment benefits can make a huge difference when you're job searching.

0 coins

honestly the unemployment system is so messed up, they'll probably deny you either way. i've seen people get fired for no reason and still have to fight for months to get their benefits approved. if you're gonna quit anyway might as well try filing but don't count on getting anything

0 coins

While the process can be challenging, people do successfully get benefits after quitting for good cause. The key is having proper documentation and understanding that you'll likely need to go through an appeal process.

0 coins

If you do end up needing to contact the NYS Department of Labor about your situation, I'd recommend checking out claimyr.com - they help people get through to actual agents instead of waiting on hold forever. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. I used it when I was stuck in adjudication and finally got to talk to someone who could explain my case status. Way better than calling the regular number and getting hung up on.

0 coins

thanks for sharing that! the phone system is absolutely terrible

0 coins

I had a similar situation where I couldn't get through to NYS Department of Labor to ask questions about my eligibility before making the decision to leave. The phone lines are always busy and the online chat never works. I ended up using this service called Claimyr (claimyr.com) that helps you actually connect with a real person at the unemployment office. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Might be worth checking out if you want to get official guidance before you make your decision.

0 coins

Thanks, I'll look into that. I really want to make sure I understand my options before I do anything I can't take back.

0 coins

wait can you file unemployment if you quit?? i thought that was only for people who got fired. this is news to me lol

0 coins

My sister went through something similar with a horrible manager who was basically bullying her every day. She documented everything for like 3 months - emails, dates, times, what was said. When she finally quit and filed for unemployment, it took forever but she eventually got approved after the appeal. The key was showing she tried to fix things internally first and that the situation was truly unbearable. NYS Department of Labor takes workplace harassment seriously but you have to prove it really happened.

0 coins

I'm going through something really similar right now - toxic manager, impossible workload, and feeling completely trapped. From what I've researched, you CAN potentially get unemployment if you quit for "good cause" but the bar is pretty high. NYS Department of Labor looks for things like documented harassment, unsafe conditions, or major changes to your job that weren't part of your original agreement. The tricky part is proving it. I'd suggest starting to document everything NOW - send emails to HR about your concerns (even if they don't respond), keep records of the unreasonable demands, and if there are witnesses to the hostile behavior, see if they'd be willing to provide statements. Also consider talking to your manager's boss or asking about a transfer before you quit - NYS DOL wants to see that you tried other solutions first. It's frustrating that we have to jump through all these hoops when we're already dealing with terrible situations, but having that paper trail could make the difference between getting benefits or not.

0 coins

This is such helpful advice, thank you! I'm in a really similar spot and hadn't thought about emailing HR even if they don't respond - that's actually brilliant because it creates a paper trail. How long did you document things before making your decision? I'm worried about staying too long and making my mental health even worse, but I also don't want to rush into quitting without enough evidence.

0 coins

I went through this exact situation about 18 months ago. The key thing to understand is that NYS Department of Labor has a very specific definition of "good cause" for quitting - it's not just about being unhappy or overworked, unfortunately. However, if your manager is creating a genuinely hostile work environment or if the company has fundamentally changed your job duties without your consent (like making you do three people's jobs), you might have a case. Start documenting EVERYTHING right now - send emails to HR outlining your concerns about the workload and management issues, keep copies of any responses (or lack thereof), and write down specific incidents with dates and times. Also look into whether your company has policies about reasonable workload or workplace harassment that are being violated. The documentation process might feel tedious when you're already stressed, but it could be the difference between getting benefits approved or denied. And honestly, even if you end up not qualifying initially, you can always appeal - just be prepared for it to take several weeks or even months to resolve.

0 coins

This is really comprehensive advice, thank you! I'm curious about the appeal process - how long did yours take and what kind of additional evidence did they want during the appeal? I'm trying to prepare myself mentally for what could be a long process while also dealing with the stress of potentially being without income.

0 coins

I'm dealing with a very similar situation right now - abusive manager, constantly changing expectations, and feeling like I'm drowning. From my research and talking to others who've been through this, you CAN get unemployment after quitting but only if you can prove "good cause" which is a pretty high bar in NY. The fact that they're making you do three people's jobs after a restructure without additional compensation could potentially qualify as a substantial change to your working conditions. I'd strongly recommend starting to document everything immediately - send emails to HR about the unreasonable workload and hostile behavior (even if they ignore you, it creates a paper trail), keep records of specific incidents with dates/times, and save any company policies about workload or harassment that might be relevant. Also consider reaching out to your manager's supervisor or asking about internal transfers before you quit - NYS Department of Labor wants to see that you exhausted other options first. The whole process is stressful and can take months, but people do succeed with good documentation. Don't let anyone tell you to "just quit" without considering the financial implications - unemployment benefits can be crucial during job searches.

0 coins

This is really solid advice! I'm in a somewhat similar boat and the documentation piece seems so crucial. One thing I've been wondering about - if the company restructured and fundamentally changed your job duties without your agreement, does that help strengthen the "good cause" argument? It sounds like what happened to @Luca Esposito might actually be considered constructive dismissal if they re'essentially forcing him to do work that s'completely different from what he was originally hired for. The burn out from doing three people s'jobs with no additional compensation seems like it could be a legitimate health and safety concern too.

0 coins

I've been following this thread and wanted to share some additional perspective. You're absolutely right to be concerned about the financial implications of quitting - unemployment benefits can be the difference between being able to take time to find the right job versus having to grab the first thing that comes along. One thing I haven't seen mentioned yet is that if you do decide to quit, make sure you understand the timing. Even if you eventually get approved for benefits after proving good cause, there's often a waiting period where you won't receive payments while they investigate your case. This could be weeks or even months. Also, consider whether there's any way to negotiate a mutual separation agreement with your employer - sometimes companies would rather avoid the hassle of a hostile work environment claim and might be willing to structure your departure as a layoff instead. It's worth having that conversation with HR or your manager's boss before you make the decision to resign outright. The job market is tough enough without having to worry about whether you'll qualify for the safety net you've been paying into.

0 coins

This is such an important point about the timing and waiting periods! I hadn't really thought about how long you might be without any income while they're investigating your case. That's really scary when you're already in a financially precarious situation. The idea about negotiating a mutual separation is brilliant too - I wonder if approaching it as "this restructuring isn't working for either of us" rather than "I quit because my manager is terrible" might be more palatable to the company. Has anyone here actually successfully negotiated something like that? I'm curious what that conversation would even look like.

0 coins

I'm really sorry you're going through this - having been in a similar toxic work situation, I know how mentally and physically exhausting it can be. The advice everyone's given about documentation is spot on, but I wanted to add something practical: if you do decide to pursue the "good cause" route, keep in mind that NYS Department of Labor will also look at whether you made reasonable efforts to address the situation internally before quitting. This means not just documenting problems, but also showing you tried to get help. Even if HR is useless (which unfortunately they often are), having those email trails where you reached out shows you didn't just walk away without trying. Also, the fact that you've been there 8 years could actually work in your favor - it demonstrates you're not someone who quits lightly. One more thing: if you're dealing with what sounds like constructive dismissal (being forced to do work significantly different from your original job description), you might want to review your original offer letter or job description to show how dramatically things have changed. That kind of concrete comparison can be really powerful evidence that your working conditions became untenable through no fault of your own.

0 coins

New York Unemployment AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,095 users helped today