Can I get unemployment if I resign from my job in NY?
I'm thinking about quitting my retail job because my manager has been scheduling me inconsistent hours and it's making it impossible to budget or plan anything. Some weeks I get 35 hours, other weeks only 12. I've been there for about 8 months and this has been going on for the last 3 months. Can I get unemployment if I resign from my job? I've never filed for UI benefits before and don't really understand how it works. Would NYS Department of Labor consider this a good cause to quit? I'm worried about not being able to pay rent if I quit but staying is also making my life really difficult.
12 comments
Join the conversation
Connor O'Neill
Generally speaking, if you voluntarily quit your job, you won't be eligible for unemployment benefits unless you can prove you had 'good cause' to resign. NYS Department of Labor has specific criteria for what constitutes good cause - things like unsafe working conditions, harassment, or substantial changes to your job terms. Inconsistent scheduling might qualify if you can document that it represents a significant change from when you were hired. You'd need to show you tried to resolve the issue with your employer first and that a reasonable person would have quit under similar circumstances.
0 coins
Zainab Ismail
•How do I document the scheduling changes? I don't have copies of my old schedules but I could probably get them from payroll. Would text messages with my manager about the schedule count as evidence?
0 coins
QuantumQuester
had a similar situation last year with my restaurant job. manager kept cutting my hours from full time to part time randomly. i quit and applied for unemployment but got denied initially. had to appeal it and provide all my old pay stubs showing the hour differences. took like 2 months but eventually got approved
0 coins
Zainab Ismail
•Did you have to pay anything back later? I'm worried about owing money if they decide I shouldn't have gotten benefits.
0 coins
QuantumQuester
•nope once they approved the appeal i was good. just make sure you keep filing your weekly claims even during the appeal process
0 coins
Yara Nassar
Before you quit, have you tried talking to your manager or HR about the scheduling issue? NYS Department of Labor will want to see that you made a good faith effort to resolve the problem. If you can document that you raised concerns and they refused to address them, that strengthens your case for good cause. You should also check if your employer has any policies about minimum hours or scheduling consistency that they're violating.
0 coins
Zainab Ismail
•We don't really have HR, it's a small chain with maybe 4 locations. I mentioned it to my manager once but he just said business is slow. Should I bring it up again and get it in writing somehow?
0 coins
Keisha Williams
honestly the unemployment system is so messed up, even if you have a legitimate reason they'll probably deny you first just to see if you give up. my cousin got fired for attendance issues (which were totally bogus btw) and it took him 3 appeals to get his benefits. NYS Department of Labor seems to assume everyone is trying to cheat the system
0 coins
Paolo Ricci
If you're having trouble reaching NYS Department of Labor to ask about your specific situation, you might want to check out Claimyr (claimyr.com). They help people get through to unemployment agents when the phone lines are jammed. I saw their demo video (https://youtu.be/qyftW-mnTNI) and it looks pretty straightforward. Could save you hours of trying to get through on your own just to ask a simple question about resignation eligibility.
0 coins
Amina Toure
•how much does something like that cost though? if i'm worried about paying rent i probably cant afford to pay for help with unemployment
0 coins
Paolo Ricci
•It's way cheaper than missing out on benefits you're entitled to. Plus getting accurate info upfront could save you from making a mistake that disqualifies you entirely.
0 coins
Oliver Zimmermann
same boat here!! my hours got cut from 40 to like 15 per week and i'm barely surviving. thinking about quitting too but scared about the unemployment thing. let me know what you decide to do
0 coins