Can you collect unemployment if you resign from your job in New York?
I've been working at this retail job for about 8 months and honestly the management is terrible. They keep changing my schedule last minute, making me work doubles without notice, and the store manager has been really hostile lately. I'm thinking about quitting but I'm worried about money. Can you collect unemployment if you resign in NY? I heard somewhere that you can't get benefits if you quit voluntarily but maybe there are exceptions? Really need some guidance here because I can't take much more of this place but also can't afford to be without income.
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Giovanni Mancini
Generally, if you voluntarily quit your job in New York, you won't be eligible for unemployment benefits UNLESS you quit for 'good cause.' The NYS Department of Labor defines good cause as situations where a reasonable person would have felt compelled to leave. This includes things like unsafe working conditions, harassment, significant changes to your job that weren't agreed upon, or employer violations of labor laws. You'd need to document everything and be prepared to prove your case during the claims process.
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Amara Nnamani
•What kind of documentation would I need? I don't have anything in writing about the schedule changes, it's all been verbal.
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Giovanni Mancini
•Start documenting everything NOW. Keep a log of schedule changes, take screenshots of any texts or emails, and if possible get witness statements from coworkers. The more evidence you have, the better your chances if you need to appeal a denial.
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Fatima Al-Suwaidi
i quit my last job because my boss was making inappropriate comments and i still got unemployment. you just have to file and explain why you quit when they ask. sometimes they approve it right away, sometimes you have to go through adjudication but don't let that scare you
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Amara Nnamani
•How long did the adjudication process take for you? I'm worried about how long I might be without any income.
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Dylan Cooper
Before you quit, I'd suggest trying to get your employer to document some of these issues. File complaints about the schedule changes in writing via email so you have a paper trail. Also check if your workplace has an HR department - sometimes filing a complaint there first can strengthen your case if you do end up quitting and filing for unemployment.
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Sofia Morales
Honestly, getting through to NYS Department of Labor to even file a claim can be a nightmare, let alone dealing with an adjudication for a voluntary quit situation. I spent weeks trying to get someone on the phone when I had issues with my claim. If you do decide to quit and file, you might want to check out claimyr.com - they help you get through to actual NYS Department of Labor agents when you can't reach them yourself. There's a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. Could save you a lot of frustration if your case gets complicated.
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StarSailor
•Never heard of that service before, does it actually work?
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Sofia Morales
•Yeah it worked for me when I was stuck in adjudication hell for 3 weeks. Way better than sitting on hold for hours just to get disconnected.
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Dmitry Ivanov
THE UNEMPLOYMENT SYSTEM IS RIGGED AGAINST WORKERS!! They make it nearly impossible to get benefits even when you have legitimate reasons for quitting. I had to fight for MONTHS to get my benefits approved after quitting due to harassment. The NYS Department of Labor acts like every claimant is trying to scam the system. Document EVERYTHING and be prepared for a battle.
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Ava Garcia
•This is so true unfortunately. The whole system seems designed to deny claims first and ask questions later.
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StarSailor
Just wanted to add that if you do quit for good cause and file for unemployment, you'll still need to do your weekly job searches and meet all the other requirements. The good cause exception just gets you past the voluntary quit disqualification, but then you have to follow all the normal UI rules.
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Diego Vargas
One thing to keep in mind is that even if you establish "good cause" for quitting, you might still face a waiting period before benefits kick in. Also, make sure you understand the difference between being fired "for cause" (which can disqualify you) versus quitting "for good cause" (which can qualify you). The language matters a lot in these cases. If your employer tries to contest your claim by saying you were fired for performance issues instead of quitting due to their poor management, it could complicate things. Consider speaking with a lawyer who specializes in employment law if the situation gets really complex - many offer free consultations for unemployment cases.
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Amara Okonkwo
•That's really helpful about the waiting period - I hadn't thought about that. Do you know roughly how long that waiting period usually is? And yeah, the language thing is something I'm definitely worried about. My manager has made a few comments about my "attitude" lately which makes me think they might try to spin it as a performance issue if I quit. Should I be proactively documenting those conversations too?
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Admin_Masters
•@Diego Vargas Yes, definitely document those attitude "comments!" In NY, the waiting period can vary but it s'typically one week, though it might be longer if there s'an investigation into your claim. The key is to frame everything around their actions, not your performance. Keep a record of every schedule change, every hostile interaction, and especially any comments about your attitude that seem retaliatory. If they re'setting you up for a performance "narrative," having your own documentation showing the real reasons their (poor management practices will) be crucial for your unemployment claim.
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Kristian Bishop
Another thing to consider - if your employer is making you work doubles without notice, that could potentially violate labor laws around scheduling. NY has some protections for retail workers regarding advance notice of schedules. You might want to look into whether they're breaking any "predictive scheduling" rules, as that could strengthen your good cause argument. Also, keep records of when you were told about schedule changes vs when you actually had to work - timestamps matter. Even text messages saying "hey can you come in today" when it wasn't your scheduled day can be useful evidence.
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Isla Fischer
•This is really good advice about the predictive scheduling laws! I didn't know NY had protections for retail workers about advance notice. Does anyone know what the specific requirements are? Like how much advance notice they're supposed to give? I'm definitely going to start keeping better records of all the last-minute schedule changes. Just yesterday they texted me at 6am asking me to come in for a shift that was supposed to start at 8am. I'm starting to realize this might be more than just bad management - it could actually be violations of labor law that would help my case.
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Gabriel Graham
•@Kristian Bishop In New York, the Fair Workweek Law requires employers to give retail workers at least 72 hours advance notice for schedule changes, and they have to pay you extra called (predictability "pay if") they change your schedule with less notice. What you described - getting a 6am text for an 8am shift - is definitely a violation! You should be getting additional compensation for that. Keep screenshots of all those texts because they re'perfect evidence. You might also want to file a complaint with the Department of Labor about the scheduling violations separately from any unemployment claim - it shows a pattern of your employer not following labor laws.
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Connor Murphy
I went through a similar situation last year with a hostile manager and constant schedule changes. One thing that really helped my case was keeping a detailed journal - dates, times, what was said, who was present. I also started forwarding myself any work-related texts or emails to create a backup. The NYS DOL adjudicator told me later that having specific dates and examples made all the difference. Don't just document the big incidents - keep track of the small stuff too like being forced to stay late without notice or being spoken to inappropriately. It all adds up to show a pattern of unreasonable working conditions. Also, if you have any coworkers who witnessed these issues, get their contact info now in case you need witness statements later. Good luck!
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