Can you get unemployment if you abandon your job - NYS Department of Labor rules?

Job abandonment is generally considered voluntary separation by NYS Department of Labor, which means you typically won't qualify for unemployment benefits. When you don't show up for work without notice, your employer can document it as job abandonment and report it to NYS Department of Labor as you quitting. However, there might be exceptions if you can prove you had good cause for leaving - like unsafe working conditions or harassment. You'd need to file your claim and explain your circumstances during the adjudication process. It's always better to try to quit with proper notice or get terminated instead if possible.

I had a friend who just stopped showing up to her job at a restaurant because the manager was sexually harassing her. She filed for unemployment anyway and actually got approved after going through adjudication. She had to provide documentation and testimony about the harassment though. So it's not automatically disqualifying, but you need to have a really good reason and be able to prove it.

Why don't you try to get yourself fired instead? Like start showing up late or something? Then you might have a better chance at getting unemployment benefits from NYS Department of Labor.

Ugh I'm dealing with something similar at my job. Have you tried calling NYS Department of Labor directly to ask about your specific situation? I've been trying to get through for weeks but the phone lines are always busy. It's so frustrating when you need answers and can't reach anyone!!

honestly the whole unemployment system is rigged against workers anyway. they make it so hard to get benefits even when you deserve them. like why should you have to stay in a toxic job just to maybe get unemployment later?? makes no sense

Have you documented any of the issues you're facing at work? If the manager is creating a hostile work environment, cutting your hours arbitrarily, or there are safety concerns, you might have grounds to argue "constructive dismissal" - where the working conditions are so bad that a reasonable person would feel forced to quit. NYS Department of Labor does recognize this in some cases. I'd suggest keeping records of any incidents, communications about hour cuts, or other problematic behavior before making any decisions. You could also file a complaint with the Department of Labor about working conditions while still employed, which might strengthen your case later if you do need to leave.

Before you make any decisions, I'd strongly recommend reaching out to a worker's rights organization or legal aid clinic in your area. Many offer free consultations and can help you understand your options better than just guessing about NYS Department of Labor rules. They might also help you identify if what you're experiencing constitutes workplace violations that could support an unemployment claim. In the meantime, as others have suggested, document everything - but also look into filing complaints with the appropriate agencies while you're still employed. Sometimes having an active complaint on file can actually protect you if you do end up leaving. Don't just abandon the job without exploring all your options first - there might be ways to address the situation that you haven't considered yet.

Hey Andre, I went through something really similar last year. One thing that helped me was looking into whether my employer was violating labor laws - like if they're cutting your hours without proper notice or creating an unsafe work environment, that could actually work in your favor for an unemployment claim. NYS Department of Labor has specific rules about "good cause" for leaving, and some things that seem like normal bad management are actually violations. You might want to file a complaint with the Department of Labor about the working conditions WHILE you're still employed - this creates a paper trail that shows you tried to address the issues before leaving. Even if you don't get the workplace issues resolved, having that complaint on file can really strengthen your case if you do end up having to quit and apply for benefits.

I was in a really similar situation a few months ago - toxic manager, unpredictable schedule changes, the whole nightmare. What I learned is that just walking away without notice is definitely risky for unemployment benefits, but there are some strategies that worked for me. First, I started documenting EVERYTHING - every time my hours got cut, every inappropriate comment from management, every policy violation I witnessed. Then I filed complaints with NYS Department of Labor about the scheduling issues and workplace environment while I was still employed. This created an official record that I was trying to address legitimate workplace problems. When I eventually had to leave (I gave two weeks notice citing the documented issues), my unemployment claim was approved because I had established a pattern of trying to resolve workplace violations before quitting. The key is building that paper trail that shows you didn't just abandon your job on a whim, but were responding to genuine workplace problems that your employer failed to address.