Can someone get unemployment if they quit - NYS Department of Labor eligibility question
I'm asking for my sister who's been at her job for 2 years but the working conditions have gotten really bad. Management has been cutting hours randomly, making people work mandatory overtime with no notice, and she's been getting harassed by her supervisor. She wants to quit but is worried about losing unemployment benefits. Does NYS Department of Labor allow UI claims if you quit your job? What counts as 'good cause' for quitting? She really can't stay there much longer but needs to know if she'll qualify for benefits.
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Payton Black
Yes, you can get unemployment after quitting BUT only if you have 'good cause' that's connected to work. NYS Department of Labor defines this pretty strictly - it has to be something that would make any reasonable person quit. Harassment by supervision, unsafe working conditions, significant changes to job duties without notice, or not getting paid properly can all qualify. Your sister should document everything - dates, times, witnesses, any complaints she made to HR. She'll need proof when she files her claim.
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Angel Campbell
•Thank you! She has been keeping notes about the harassment but didn't know if that would be enough. Should she try talking to HR first before quitting?
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Harold Oh
I quit my job last year because of similar issues and got approved for benefits. The key is proving you tried to fix the situation first. NYS Department of Labor wants to see that you made reasonable efforts to resolve the problem before quitting. File complaints with HR, document everything in writing, keep copies of emails. When you file your UI claim, they'll investigate and possibly contact your former employer.
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Angel Campbell
•How long did the investigation take? My sister is worried about being without income for weeks while they decide.
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Harold Oh
•Mine took about 3 weeks for the initial determination. If your sister has solid documentation it should go smoother. Just make sure she files her weekly claims even while it's under review.
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Amun-Ra Azra
wait i thought if you quit you automatically can't get unemployment?? this is confusing
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Payton Black
•That's a common misconception. You CAN get benefits after quitting if you have good cause that's work-related. It's not automatic denial, but the burden of proof is on you to show why quitting was justified.
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Summer Green
Your sister should also know that she needs to file her claim right after quitting, not wait weeks to see what happens. I made that mistake and it delayed everything. And if NYS Department of Labor denies her claim initially, she can appeal - I had to do that and won on appeal because I had better documentation the second time around. The whole process was stressful but having those benefits made such a difference.
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Angel Campbell
•Good point about filing right away. She's been putting it off hoping things would get better at work but it sounds like she needs to act soon.
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Gael Robinson
Getting through to NYS Department of Labor to ask questions about this stuff is nearly impossible with their phone lines always busy. If your sister needs to talk to someone about her specific situation before quitting, she might want to try Claimyr - it's a service that helps people get through to unemployment agents. There's a demo video at https://youtu.be/qyftW-mnTNI and the site is claimyr.com. I used it when I had issues with my adjudication and actually got to speak with someone who could answer my questions.
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Edward McBride
•never heard of that but honestly anything is better than sitting on hold for hours just to get disconnected
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Darcy Moore
The harassment angle is probably her strongest case if she can prove it. Document EVERYTHING - dates, what was said, who was there, any emails or texts. NYS Department of Labor takes workplace harassment seriously as good cause for quitting. Just make sure she follows the proper procedures at work first - file complaints, request transfers if possible, give the employer a chance to fix it.
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