Can you get unemployment for job abandonment in NY - NYS Department of Labor rules?
I walked off my job at a warehouse last month after my supervisor screamed at me in front of everyone for the third time. I didn't give notice, just grabbed my stuff and left. Now I'm wondering if I can still file for unemployment benefits with NYS Department of Labor or if leaving like that disqualifies me automatically? I've been putting off filing because I'm worried they'll deny me for job abandonment. Has anyone dealt with this situation before?
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McKenzie Shade
Job abandonment is tricky with NYS Department of Labor but it's not an automatic disqualification. They'll look at whether you had 'good cause' for leaving. Being subjected to harassment or hostile work environment can qualify as good cause. You should definitely file your claim and explain the circumstances during the adjudication process. Document any evidence you have of the supervisor's behavior.
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Caden Turner
•I don't have written proof but there were witnesses. Should I list their names when I file my weekly claim or wait until NYS Department of Labor asks for details?
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Harmony Love
same thing happened to my brother last year, he got approved after explaining the harassment situation during his phone interview
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Rudy Cenizo
You need to file immediately because there's a waiting period and benefits are calculated from when you file, not when you left the job. NYS Department of Labor will investigate the circumstances through adjudication. Even if they initially deny you, you can appeal with witness statements and any documentation of the hostile work environment. The key is proving you had no reasonable alternative but to leave.
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Caden Turner
•How long does the adjudication process usually take? I'm running low on savings and need to know if I should look for temporary work.
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Rudy Cenizo
•Adjudication can take 2-6 weeks depending on complexity. You should definitely look for work and continue filing weekly claims even during adjudication. Job searching is required anyway once you're approved.
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Natalie Khan
I had trouble reaching anyone at NYS Department of Labor when my claim got stuck in adjudication for job separation issues. Found this service called Claimyr (claimyr.com) that actually got me through to a real person who could explain what documentation they needed. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Really helped me understand what NYS Department of Labor was looking for in my case.
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Daryl Bright
•Never heard of that before but honestly anything beats sitting on hold for hours just to get disconnected
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Sienna Gomez
wait so if you quit you can still get unemployment?? I thought only if you got fired or laid off. this changes everything because my manager has been making my life hell too but I've been scared to leave because I need the benefits
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McKenzie Shade
•Yes, you can get benefits if you quit for 'good cause' but the bar is pretty high. NYS Department of Labor looks for situations where a reasonable person would feel they had no choice but to leave. Document everything and try to address issues with HR first if possible.
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Kirsuktow DarkBlade
The system is so backwards. You get punished for standing up for yourself but if you stay and let them abuse you, that's somehow better? I've been fighting NYS Department of Labor for months over a similar situation.
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