Can you file for unemployment if you resign from your job in New York?
I'm thinking about quitting my retail job because my manager has been cutting my hours down to like 15 hours a week and I can't survive on that. I've been there for almost 2 years but this new manager just doesn't seem to like me. If I resign, can I still file for unemployment benefits with NYS Department of Labor? I heard somewhere that you can't get benefits if you quit voluntarily but I'm not sure if that's always true. My rent is due next week and I'm really stressed about this whole situation.
12 comments


Ellie Simpson
Generally speaking, if you voluntarily quit your job, you won't be eligible for unemployment benefits in New York. However, there are some exceptions where you might qualify even after resigning. The NYS Department of Labor considers it 'good cause' if you quit due to unsafe working conditions, harassment, significant changes to your job duties, or substantial reduction in hours or pay. Since your hours were cut so dramatically, you might have a case. You'd need to document everything - your original schedule, the new reduced schedule, any communications about the hour cuts. When you file your claim, you'll need to explain why you quit and provide evidence that it was for good cause.
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AaliyahAli
•Thanks! I do have some text messages from my manager about the schedule changes. Would those count as documentation? And how much of a reduction in hours counts as 'substantial'?
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Arjun Kurti
be careful though because even if you think you have good cause, NYS Department of Labor might deny your claim and then you'll have to appeal. i quit my last job because my boss was being really inappropriate and it took like 2 months to get approved after the appeal hearing. make sure you really document everything first
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Raúl Mora
Before you quit, have you tried talking to HR about the hour reduction? Sometimes they require you to exhaust internal remedies first. Also, going from full-time to 15 hours is definitely substantial - that's like a 60-70% reduction. But here's the thing: even if you quit with good cause, there's often a waiting period and the adjudication process can take weeks. If you're worried about rent next week, unemployment probably won't help you immediately. You might want to look into emergency assistance programs while you're waiting for your claim to process.
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AaliyahAli
•We don't really have HR - it's just a small chain store. The district manager is the one who hired this new manager so I don't think complaining would help. I didn't know about the waiting period though, that's really concerning.
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Margot Quinn
I had a similar situation last year where I couldn't get through to anyone at NYS Department of Labor to even ask questions about my claim. The phone lines are always busy and the callback system never worked for me. A friend told me about this service called Claimyr (claimyr.com) that actually got me connected to an unemployment agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. It was super helpful for getting answers about my specific situation without waiting on hold for hours.
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Evelyn Kim
•Never heard of that service but honestly anything that helps with getting through to NYS Department of Labor sounds worth trying. Those phone lines are impossible.
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Diego Fisher
Look I've been through this whole unemployment system and they'll find ANY excuse to deny you if you quit. They make it sound like there are all these exceptions but in reality they almost always side with the employer. Even if you do everything right and document everything, they'll probably still make you fight for it. Just be prepared for a long battle if you go this route.
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Henrietta Beasley
Wait, are you sure about the hour reduction thing? I thought you had to be laid off or fired to get unemployment. This is confusing because I might be in a similar situation soon.
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Ellie Simpson
•Yes, there are specific circumstances where quitting can still qualify you for benefits. It's called 'constructive dismissal' or quitting with good cause. The key is proving that your employer essentially forced you to quit through their actions.
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Ethan Wilson
I went through something really similar about 6 months ago. My hours got cut from 35 to about 12 per week and I ended up quitting. I did get approved for unemployment but it wasn't easy - I had to provide my old schedules, pay stubs showing the income drop, and write a detailed statement explaining why the hour reduction made it impossible to continue working there. The whole process took about 5 weeks from filing to getting my first payment. One thing that helped was that I applied for other jobs before quitting to show I was trying to find alternative employment. The unemployment office seemed to like that I made an effort to stay employed. Also, definitely look into local food banks and emergency rent assistance programs while you're waiting - many places have programs specifically for people between jobs.
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Rajan Walker
•That's really helpful to know someone actually got approved in a similar situation! The 5 week timeline is definitely concerning when you need money immediately though. Did you have to do a phone interview as part of the process, or was it all handled through documentation? I'm worried about explaining my situation clearly if they call me. Also, do you remember if there was any specific wording you used when describing why the hour reduction made it impossible to continue?
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