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Jasmine Quinn

Can I quit my job and still collect unemployment benefits through NYS Department of Labor?

I'm thinking about quitting my retail job because my manager keeps cutting my hours and the working conditions have gotten really bad. I've been there for almost 2 years but now I'm only getting like 15 hours a week when I used to get 35-40. Is there any way to quit and still collect unemployment through NYS Department of Labor? I heard there might be exceptions for certain situations but I'm not sure what qualifies. I really need to leave this place but I can't afford to be without any income.

Oscar Murphy

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Unfortunately, quitting your job typically disqualifies you from receiving unemployment benefits in New York. However, there are some exceptions called 'good cause' reasons that NYS Department of Labor recognizes. These include unsafe working conditions, significant changes to your job duties or pay, harassment, or if your hours were reduced so much that it's considered constructive dismissal. You'd need to document everything and be prepared to prove your case during the adjudication process.

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Jasmine Quinn

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What counts as documentation? I don't really have anything in writing about the hour cuts, my manager just tells us verbally when we come in.

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Nora Bennett

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I went through something similar last year. If your hours got cut by more than 20% from what you normally worked, that might qualify as constructive dismissal. Start keeping track of your schedule now - take photos of the posted schedule, save any texts about schedule changes, anything that shows the pattern of reduced hours. When you file with NYS Department of Labor, they'll investigate during adjudication and you'll need to prove the substantial change in your working conditions.

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Ryan Andre

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How long did your adjudication take? I'm worried about going weeks without any income while they investigate.

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Lauren Zeb

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honestly the whole system is set up against workers. they make it so hard to prove good cause that most people just get denied anyway. i tried to quit for harassment and they still denied me initially until i appealed with like 50 pages of evidence

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Nora Bennett

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That's why documentation is so crucial. NYS Department of Labor wants concrete proof, not just your word against your employer's. It's frustrating but that's how the system works.

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Before you quit, try getting your employer to lay you off instead. Sometimes if you explain that the reduced hours aren't working for you financially, they might be willing to let you go rather than have you quit. That way you'd definitely qualify for benefits.

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Jasmine Quinn

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I never thought of asking to be laid off. Do you think they'd actually agree to that?

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If you're having trouble reaching NYS Department of Labor to ask about your specific situation, I had good luck using a service called Claimyr (claimyr.com) to get through to an actual agent. They help you skip the phone queue and connect directly to someone who can explain the good cause requirements for your exact circumstances. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Sometimes it's worth talking to an agent before making any big decisions about quitting.

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Anthony Young

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interesting, never heard of that service before. might be worth checking out since calling NYS Department of Labor directly is usually impossible

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Anthony Young

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Just want to add that even if you think you have good cause, there's no guarantee NYS Department of Labor will see it the same way. The adjudication process can be really subjective and you might end up fighting it for months. Make sure you have a backup plan for income if your claim gets denied initially.

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Hugo Kass

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Another thing to consider is that even with good cause, you'll need to meet all the other eligibility requirements too. You'll still need to be actively searching for work, available for full-time employment, and meet the monetary requirements based on your earnings history. With your hours already cut to 15/week, make sure you've earned enough in your base period to qualify for benefits. You can check your wage history on the NYS Department of Labor website before making any decisions.

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