Can I get unemployment if I quit my job in NY?
I'm thinking about quitting my retail job because my manager keeps scheduling me for shifts I can't work (I told them during hiring I'm not available weekends due to family obligations). The work environment has gotten really toxic too. If I quit, can I still file for unemployment benefits through NYS Department of Labor? I've been working there for about 8 months and really need the income while I look for something else. I've heard mixed things about whether you can get UI if you quit voluntarily.
12 comments


Nalani Liu
Generally, if you quit voluntarily you won't qualify for unemployment benefits in NY. However, there are specific exceptions for 'good cause' situations. Scheduling conflicts that your employer knew about when they hired you might qualify, especially if you documented that you weren't available weekends. The key is proving you had no reasonable alternative but to quit. You'd need to show you tried to resolve the issue with your employer first.
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Thais Soares
•I did talk to my manager twice about the scheduling but they just said 'retail requires flexibility.' Should I try talking to HR first before quitting?
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Axel Bourke
wait i thought you couldn't get unemployment if you quit?? my friend quit her job last year and got denied right away
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Aidan Percy
•It depends on the reason. NYS Department of Labor has specific criteria for what counts as 'good cause' for quitting. Things like harassment, unsafe working conditions, or substantial changes to your job terms can qualify. But you have to prove your case during the adjudication process.
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Fernanda Marquez
I went through something similar last year with a toxic manager. NYS Department of Labor will investigate your claim if you quit for good cause, but the burden of proof is on you. Start documenting everything NOW - save emails, texts, write down dates of conversations. If you do quit, file your claim immediately and be prepared for it to go into adjudication while they review your case. It took about 6 weeks for mine to get approved.
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Thais Soares
•6 weeks sounds scary but at least there's a chance. Did you have to provide a lot of documentation during the review?
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Fernanda Marquez
•Yes, I had to submit emails showing I tried to resolve issues, my original job offer letter showing agreed terms, and statements from coworkers. The more evidence you have the better your chances.
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Norman Fraser
Honestly, I'd try to get fired instead of quitting if the situation is that bad. Document the scheduling conflicts and see if they'll terminate you for 'performance issues' rather than you walking away. Much easier path to unemployment benefits that way, though obviously not ideal for future job references.
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Nalani Liu
•That's risky advice. Getting fired for cause could still disqualify you from benefits, and it definitely hurts your employment record. Better to build a strong case for good cause separation if the working conditions truly are unreasonable.
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Kendrick Webb
If you do decide to file after quitting, be prepared for potential delays getting through to NYS Department of Labor if you need to speak with someone about your case. I spent weeks trying to call about my adjudication status. Eventually found this service called Claimyr (claimyr.com) that helped me get through to an actual agent - they have a video demo showing how it works (https://youtu.be/qyftW-mnTNI). Saved me hours of calling and getting disconnected.
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Thais Soares
•Thanks for the tip! I'll definitely keep that in mind if I end up needing to contact them about my case.
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Hattie Carson
The unemployment system is so messed up, they make it impossible to get benefits even when you legitimately need them. I'd say just quit and file anyway - worst case they deny you and you're in the same position you'd be in if you didn't try at all.
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