Can I get unemployment if I resigned from my job in New York?
I quit my job at a retail store last month because my manager was constantly scheduling me outside my availability even though I told them multiple times I couldn't work those hours due to childcare. Now I'm wondering if I can still file for unemployment benefits since I technically resigned. Does NYS Department of Labor approve claims when you quit for good reason? I really need the income while I look for something new but don't want to waste time applying if they'll just deny me automatically.
17 comments


Mila Walker
Yes, you can potentially get unemployment even if you resigned, but it depends on whether NYS Department of Labor considers it 'good cause.' Schedule changes that conflict with documented availability restrictions could qualify. When you file your claim, you'll need to explain in detail why you quit and provide any documentation you have about the scheduling conflicts. The key is proving you had no reasonable alternative but to resign.
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Ethan Clark
•Thank you! I do have some text messages where I told my manager about my childcare schedule. Should I save those as proof?
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Logan Scott
i quit my last job too and got approved but it took forever, like 8 weeks before they made a decision
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Chloe Green
The process is called voluntary quit adjudication. NYS Department of Labor will investigate your reason for quitting and determine if it meets their criteria for good cause. Common approved reasons include unsafe working conditions, significant changes to job duties or schedule, harassment, or reduction in hours. Keep all documentation - texts, emails, schedule changes, anything that shows you tried to resolve the issue before quitting.
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Lucas Adams
•This is really helpful info. I'm in a similar situation with my employer changing my hours without notice.
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Harper Hill
ugh the NYS Department of Labor phone system is impossible to get through to ask questions like this!! I've been trying to call for weeks about my own claim and can never reach anyone. How are we supposed to get answers?
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Caden Nguyen
•I had the same problem until someone told me about Claimyr. It's a service that gets you connected to actual NYS Department of Labor agents without waiting on hold forever. You can check it out at claimyr.com - they even have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of frustration trying to get through on my own.
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Avery Flores
Just be prepared for them to contact your former employer during the adjudication process. They'll want to hear both sides of the story before making a decision.
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Aisha Abdullah
I went through this exact situation last year when I had to quit due to my employer constantly changing my schedule despite having a documented childcare arrangement. The key thing is to file your claim right away and be very detailed in your explanation. NYS Department of Labor approved mine because I could show I made multiple attempts to resolve the scheduling conflict before resigning. Make sure to mention that you told your manager about your availability restrictions multiple times - that shows you tried to work with them before quitting. The text messages you have will definitely help your case!
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Mateo Sanchez
•That's really encouraging to hear from someone who went through the same thing! Did you have to wait long for their decision? I'm worried about how I'll manage financially while they're reviewing my case. Also, did your employer try to contest your claim at all?
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Jamal Brown
I'm going through a similar situation right now - quit because my supervisor kept scheduling mandatory overtime that conflicted with my evening classes. Reading through everyone's responses gives me some hope that NYS DOL might approve it since I have emails showing I informed HR about my school schedule from day one. One thing I learned from calling around is that you should file your claim even if you're unsure - the worst they can do is deny it, but you won't know unless you try. Also keeping detailed records of everything seems to be the common theme here. Good luck with your claim!
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Fidel Carson
•That's a really smart approach - filing even when you're uncertain. I'm new to this whole process but from what I'm reading here, it sounds like NYS DOL does consider educational commitments as valid reasons for not being able to work certain hours. The fact that you documented your school schedule with HR from the beginning should definitely work in your favor. It's frustrating that employers put us in these impossible situations where we have to choose between our jobs and other important commitments like education or childcare. Thanks for sharing your experience and good luck with your claim too!
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GalacticGladiator
I'm dealing with a similar situation right now - my employer suddenly changed our department's shift schedule after I'd been working the same hours for over a year. I have two young kids and the new schedule makes it impossible for me to pick them up from daycare. From everything I'm reading here, it sounds like I should definitely file a claim since I have documentation showing my original schedule and the sudden change. One question though - does anyone know if NYS Department of Labor considers daycare pickup times as valid childcare constraints? I'm worried they might think I should have just found different childcare arrangements instead of quitting.
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Ravi Sharma
•Absolutely, NYS Department of Labor does consider daycare pickup times as valid childcare constraints! The fact that you've been working the same schedule for over a year and then they suddenly changed it actually strengthens your case - it shows the change was the employer's decision, not your inability to be flexible. Childcare arrangements are considered necessary and reasonable by NYS DOL, especially when you can demonstrate that finding alternative care wasn't feasible (cost, availability, etc.). Your documentation of the original schedule versus the new one will be crucial. I'd also suggest noting any financial hardship that finding new daycare would cause, or if there simply aren't other options in your area that would accommodate the new hours. You definitely have grounds for a claim!
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Isabel Vega
From my experience helping others navigate NYS unemployment claims, your situation sounds like it could definitely qualify for good cause. The fact that you repeatedly communicated your availability restrictions due to childcare and your employer continued to ignore them is exactly the kind of documentation NYS Department of Labor looks for. I'd recommend filing your claim as soon as possible and being very specific about the timeline - when you first informed them of your availability, how many times you had to repeat it, and any specific instances where they scheduled you outside those hours despite knowing about your childcare needs. Also save those text messages you mentioned - they're gold for proving your case. Even if there's some uncertainty, it's better to file and let them make the determination rather than assume you won't qualify.
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Ethan Campbell
•This is exactly what I needed to hear! I've been hesitating to file because I wasn't sure if quitting would automatically disqualify me, but it sounds like NYS DOL really does evaluate each case individually. I have those text messages saved plus a few emails where I explained my childcare situation to my manager. Reading everyone's experiences here has given me the confidence to move forward with filing. It's reassuring to know that other people in similar situations have been approved - makes me feel less alone in this whole process. Thank you for the detailed advice about being specific with the timeline, I'll make sure to include all those details when I file my claim!
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Arjun Kurti
I'm in a very similar boat - had to quit my job at a restaurant because they kept scheduling me during my college classes even though I gave them my class schedule at the beginning of the semester. Reading through all these responses is giving me hope that I might actually have a shot at getting unemployment benefits. It's really helpful to see so many people who successfully got approved after quitting for good cause. I'm definitely going to gather all my documentation (emails with my class schedule, texts about the scheduling conflicts) and file my claim this week. Thanks everyone for sharing your experiences - this community has been more helpful than any official government website I've looked at!
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