Can you file for unemployment if you quit a job - NYS Department of Labor eligibility question
I'm thinking about quitting my current job because the working conditions have gotten really bad and I'm wondering if I can still file for unemployment benefits with NYS Department of Labor. My supervisor has been making unreasonable demands and creating a hostile work environment but I don't have anything documented. Would I be able to collect UI benefits if I quit, or do I need to wait to get fired? I really can't stay much longer but I'm worried about not having any income. Has anyone been in this situation before?
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Logan Scott
Generally speaking, if you quit voluntarily you won't qualify for unemployment benefits unless you can prove you had 'good cause' for leaving. NYS Department of Labor considers things like unsafe working conditions, harassment, or significant changes to your job duties as potential good cause. You'd need to document everything - emails, witnesses, dates of incidents. The burden of proof is on you to show why quitting was your only reasonable option.
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Mila Walker
•That's what I was afraid of. I haven't been documenting anything because I didn't think it would get this bad. Is it too late to start keeping records now?
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Chloe Green
I was in a similar situation last year. The key is proving you had no choice but to quit. I had to gather evidence for weeks before I finally left - screenshots of abusive messages, witness statements from coworkers, even got a note from my doctor about stress. When I filed my claim with NYS Department of Labor, they did investigate it thoroughly. It took about 6 weeks for them to approve my benefits but they did approve them eventually.
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Lucas Adams
•wow 6 weeks is a long time to wait for approval, did you have any income during that time?
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Chloe Green
•No income at all, it was really tough. But once they approved it I got all the back pay from when I first filed. The investigation period was stressful but worth it in the end.
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Harper Hill
Whatever you do, don't just quit without a plan. I made that mistake 3 years ago and got denied immediately. NYS Department of Labor will ask your employer why you left and if they say you quit voluntarily without good cause, you're screwed. Try to get them to fire you instead or see if you can negotiate a layoff.
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Caden Nguyen
•This is terrible advice. Don't try to get yourself fired - that could backfire and they might claim it was misconduct which is even worse for unemployment eligibility.
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Avery Flores
The whole system is ridiculous tbh. You can't get benefits if you quit even if your boss is making your life hell, but you also can't get benefits if you get fired for pushing back against unfair treatment. It's like they want people to just accept abuse at work. I've been trying to reach someone at NYS Department of Labor for weeks about my own situation and can never get through on the phone.
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Logan Scott
•If you're having trouble reaching NYS Department of Labor by phone, you might want to try claimyr.com - it's a service that helps you get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. I used it when I was stuck in adjudication and finally got to talk to someone who could explain what was holding up my claim.
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Avery Flores
•Thanks, I'll check that out. At this point I'm willing to try anything to get some answers about my claim status.
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Zoe Gonzalez
just quit if its that bad and worry about unemployment later, your mental health is more important than money
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Mila Walker
•I appreciate that but I really need the income to pay my bills. I can't afford to be without benefits for months while fighting a denial.
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