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Andre Rousseau

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

So I've been working at this retail job for about 8 months and honestly I just can't take it anymore. The manager is terrible, they keep cutting my hours randomly, and the work environment is toxic. I'm thinking about just not showing up anymore and finding something else. But I'm wondering - can you get unemployment if you abandon your job? Like if I just stop going without giving notice? I know NYS Department of Labor has rules about quitting but I'm not sure what happens if you just don't show up. Has anyone been in this situation before? I really need the income while I look for something better but I can't handle staying there much longer.

Zoe Stavros

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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.

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So even if the job was horrible I still can't get benefits? That seems really unfair. What counts as 'good cause' exactly?

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Jamal Harris

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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.

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GalaxyGlider

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That's different though - sexual harassment is definitely good cause. Random hour cuts and a mean manager probably wouldn't qualify unfortunately.

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Mei Wong

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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.

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Zoe Stavros

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That's actually terrible advice. If you get fired for misconduct, you'll definitely be disqualified from unemployment. NYS Department of Labor will investigate the reason for termination and misconduct disqualifies you just like quitting does.

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Liam Sullivan

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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!!

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Amara Okafor

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I had the same problem calling NYS Department of Labor for months. Then someone told me about this service called Claimyr (claimyr.com) that actually gets you through to speak with agents. I was skeptical but watched their demo video (https://youtu.be/qyftW-mnTNI) and decided to try it. Got connected within like 20 minutes when I'd been trying for weeks on my own. Might be worth checking out if you really need to talk to someone about your situation.

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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

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Exactly! It's like they want us to suffer in bad jobs forever. There has to be some kind of protection for workers in situations like this.

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Vince Eh

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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.

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