Can I get unemployment if I quit due to hostile work environment in NYS?
I'm thinking about quitting my job because of what I believe is a hostile work environment. My supervisor has been making inappropriate comments about my appearance and creating situations where I'm excluded from important meetings. Other coworkers have witnessed this behavior. Before I make any decisions, I need to know - would I be eligible for NYS Department of Labor unemployment benefits if I quit under these circumstances? I've heard mixed things about quitting and still getting UI benefits. I really can't afford to be without income but I also can't continue working in this toxic situation.
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Yara Assad
In New York, you can potentially qualify for unemployment benefits if you quit for "good cause" which includes hostile work environment situations. However, you'll need to document everything thoroughly before quitting. Keep records of incidents, witness statements, emails, and any complaints you've filed with HR. NYS Department of Labor will review your case during adjudication to determine if your reasons constitute good cause. The key is having solid evidence that a reasonable person would have quit under similar circumstances.
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Paolo Bianchi
•Thank you for this info! I haven't filed any HR complaints yet - should I do that first before quitting? Would that strengthen my case with NYS Department of Labor?
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Olivia Clark
definitely document everything first!! i made the mistake of quitting without proper documentation and had to fight for weeks during adjudication. take photos of any written communications, get witness statements in writing, and yes absolutely file complaints with HR first if possible. this shows you tried to resolve the situation before quitting
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Javier Morales
•This is solid advice. NYS Department of Labor wants to see that you exhausted internal remedies before quitting. File the HR complaint, keep copies of everything, and if they don't address it properly within a reasonable timeframe, that strengthens your good cause argument significantly.
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Natasha Petrov
I went through something similar last year and getting through to NYS Department of Labor to explain my situation was nearly impossible. I kept getting disconnected when calling about my adjudication status. Eventually found this service called Claimyr (claimyr.com) that helped me get connected to an actual agent who could review my good cause documentation. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Made the whole process much less stressful when I could actually talk to someone about my case.
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Connor O'Brien
•wait how much does something like that cost? seems like if you're already out of work you wouldn't want extra expenses
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Natasha Petrov
•It was worth it for me since I was stuck in adjudication limbo for weeks. Much cheaper than missing out on benefits because I couldn't get through to explain my situation properly.
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Amina Diallo
hostile work environment cases are REALLY hard to prove with unemployment. you basically need a smoking gun or multiple witnesses willing to go on record. even then NYS Department of Labor might still deny you and you'll have to appeal. just be prepared for a long fight if you go this route
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Paolo Bianchi
•That's discouraging but I appreciate the honesty. How long do these types of cases typically take to resolve?
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GamerGirl99
Before you quit, also consider consulting with an employment attorney. Some offer free consultations and they can advise whether your situation might qualify for other legal remedies beyond just unemployment benefits. Sometimes having attorney documentation can also help with your NYS Department of Labor claim.
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Taylor To
I've been through a similar situation and want to emphasize that timing is crucial here. Don't rush into quitting - build your case methodically first. Start documenting everything TODAY (dates, times, witnesses, exact quotes if possible). File that HR complaint in writing and keep copies. Also check if your company has an anonymous hotline or ombudsman. NYS Department of Labor will look at whether you made reasonable efforts to resolve the situation internally before quitting. The stronger your paper trail, the better your chances during adjudication. It's frustrating to stay in a toxic environment longer, but those extra weeks of documentation could make the difference between getting benefits or not.
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Natalie Khan
•This is excellent advice about timing and documentation. I'm curious though - if my company doesn't have HR or it's just a small business with the owner being the problem, would that affect how NYS Department of Labor views my case? Should I still try to address it directly with the owner first, or would that potentially make things worse for me?
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