Can you file unemployment if you quit your job - NYS Department of Labor eligibility question
I've been working at this restaurant for about 8 months but the manager has been creating a really hostile work environment. Yesterday he yelled at me in front of customers for something that wasn't even my fault and I just walked out. Now I'm wondering if I can file for unemployment benefits through NYS Department of Labor since I technically quit? I really need the income but I'm not sure if quitting disqualifies you automatically. Has anyone been in a similar situation?
11 comments


Malik Robinson
You can potentially qualify for unemployment benefits even if you quit, but only if you had 'good cause' for leaving. NYS Department of Labor considers things like harassment, unsafe working conditions, or significant changes to your job terms as good cause. When you file your claim, you'll need to explain in detail why you quit and provide any documentation you have about the hostile work environment.
0 coins
GalaxyGlider
•I don't have any written documentation but there were other employees who witnessed the yelling. Would their statements help?
0 coins
Isabella Silva
i quit my job last year and got denied at first but then appealed it and won. you have to prove that staying would have been unreasonable. the key is being very specific about what happened and why you had no other choice
0 coins
GalaxyGlider
•How long did the appeal process take? I'm worried about going weeks without any income.
0 coins
Ravi Choudhury
The biggest issue you'll face is that NYS Department of Labor will likely schedule an adjudication hearing to determine if your reason for quitting qualifies as good cause. This can take several weeks to resolve. In the meantime, I'd recommend documenting everything you remember about the hostile work environment - dates, witnesses, specific incidents. If you're having trouble reaching someone at NYS Department of Labor to discuss your case, I used a service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works.
0 coins
Freya Andersen
•Never heard of that service before but honestly anything that helps get through to NYS Department of Labor sounds worth trying. The phone lines are always busy.
0 coins
Omar Farouk
This whole system is ridiculous! You shouldn't have to prove why you quit an abusive job. The fact that they make you go through adjudication and appeals just to get benefits you paid into is insane. NYS Department of Labor acts like they're doing you a favor instead of providing what you're entitled to.
0 coins
CosmicCadet
File anyway and see what happens. Worst case they deny you but at least you tried.
0 coins
Malik Robinson
•Actually, there can be consequences for filing without good cause - it could affect future benefit eligibility. Better to understand the requirements first.
0 coins
Chloe Harris
I went through something similar when I quit my job at a warehouse. The supervisor was making sexual comments and creating an uncomfortable environment. I filed for unemployment and had to go through the whole adjudication process, but I eventually got approved. The key was having specific examples and being able to show I tried to address the issue with HR first. NYS Department of Labor wants to see you made reasonable efforts to resolve the situation before quitting.
0 coins
GalaxyGlider
•Did you have to provide witness statements or just your own account of what happened?
0 coins