Can you apply for unemployment if you quit your job in NY - NYS Department of Labor rules?
I've been working at this retail store for about 8 months and the management has become completely toxic. My supervisor keeps scheduling me for shifts I can't work (I told them I have classes Tuesday/Thursday mornings) and when I remind them about my availability they act like it's my fault. Last week they wrote me up for being 'unavailable' even though I gave them my school schedule when I was hired. I'm thinking about quitting but I need some income while I look for something else. Can you apply for unemployment if you quit your job? I know NYS Department of Labor has strict rules but this situation is getting unbearable and affecting my grades.
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CyberNinja
Generally speaking, if you voluntarily quit your job you won't be eligible for unemployment benefits through NYS Department of Labor. However, there are some exceptions for what they call 'good cause' situations. This includes things like unsafe working conditions, harassment, significant changes to your job duties or schedule, or employer violations of labor laws. The key is documenting everything - keep records of your conversations about scheduling, any written communications, and the write-up they gave you.
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Nia Johnson
•So if I have proof that they're not honoring the availability I gave them when hired, that might count as good cause? I do have the original paperwork where I listed my class schedule.
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Mateo Lopez
i quit my last job because of a hostile work environment and got denied unemployment initially but then won my appeal. the trick is having documentation and being able to prove you had no choice but to quit
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Nia Johnson
•How long did the appeal process take? I'm worried about going weeks without any income if I quit and then have to wait for an appeal.
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Mateo Lopez
•took about 6 weeks total from when i filed the appeal to when i got my first payment. definitely saved up some money first because the wait was rough
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Aisha Abdullah
Before you quit, try to get them to fire you instead. Document the scheduling conflicts and your requests for accommodation. If they keep writing you up for availability issues that aren't your fault, eventually they might terminate you - which would make you eligible for UI benefits. Just make sure you're not doing anything that could be considered misconduct.
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Ethan Davis
•This is actually really smart advice. I've seen people do this successfully when they're in impossible situations at work.
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Yuki Tanaka
I had a terrible time trying to reach someone at NYS Department of Labor when I had questions about my claim status. Spent hours calling and either got busy signals or got disconnected after waiting forever. A friend told me about this service called Claimyr (claimyr.com) that basically calls for you and gets you connected to an actual agent. I was skeptical but tried it and actually got through within like 20 minutes. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Might be worth checking out if you end up needing to file and have questions about your eligibility.
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Carmen Ortiz
•Never heard of that but honestly anything beats trying to call the unemployment office directly. Those phone lines are impossible.
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MidnightRider
The NYS Department of Labor unemployment system is so messed up. They make it nearly impossible to get benefits even when you deserve them. My cousin quit because her boss was sexually harassing her and they still denied her claim initially. Had to get a lawyer involved.
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CyberNinja
•Sexual harassment definitely qualifies as good cause for quitting. The issue is usually that people don't document the harassment properly or report it to HR first. NYS Department of Labor wants to see that you tried to resolve the issue before quitting.
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Carmen Ortiz
honestly just quit if the job is that bad for your mental health. you can always appeal if they deny your unemployment claim. life's too short to stay somewhere toxic
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