Can you get unemployment if you leave a job voluntarily in NY - NYS Department of Labor rules?
I'm thinking about quitting my current job because my manager has been making the workplace really hostile and I'm getting panic attacks every morning before work. But I need to know - can you get unemployment if you leave a job voluntarily? I've heard different things and want to understand what the NYS Department of Labor actually allows. I've been at this job for 2 years and really need the income while I look for something else. What are the rules around voluntary separation?
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Zara Rashid
Generally speaking, if you quit voluntarily, NYS Department of Labor will deny your unemployment claim UNLESS you can prove you had 'good cause' for leaving. Good cause includes things like unsafe working conditions, harassment, significant changes to your job duties or pay, or health issues. The key is documenting everything - save emails, take notes of incidents with dates and times. You'll need solid evidence to win an appeal if they initially deny you.
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Sean Doyle
•What kind of documentation would prove harassment? I have some text messages from coworkers about incidents but nothing directly from my manager.
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Luca Romano
ugh the whole system is rigged against workers anyway. they make it impossible to get benefits even when you have legitimate reasons for leaving. good luck dealing with NYS Department of Labor bureaucracy
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Nia Jackson
Before you quit, try to get your employer to fire you instead if possible. I know that sounds backwards but getting terminated (as long as it's not for misconduct) makes you eligible for unemployment immediately. You could also try filing a complaint with HR first - that creates a paper trail showing you tried to resolve the issues. If they retaliate or don't address it, that strengthens your case for good cause.
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Mateo Hernandez
•Wait how do you get them to fire you without it being misconduct? That seems risky...
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Nia Jackson
•You don't do anything that would be considered misconduct. But you could stop going above and beyond, stick strictly to your job description, take all your breaks, etc. Sometimes that's enough if they're looking for reasons to let people go anyway.
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CosmicCruiser
I actually quit my last job due to a hostile work environment and got approved for unemployment after an appeal. The key was having documentation - I had emails showing I complained to HR multiple times about the harassment and they did nothing. NYS Department of Labor initially denied me but after the hearing where I presented all my evidence, they approved my claim retroactively. The whole process took about 6 weeks though.
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Sean Doyle
•That's encouraging! Did you have to get a lawyer for the appeal hearing or did you represent yourself?
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CosmicCruiser
•I represented myself. The hearing was over the phone and pretty straightforward. I just explained the situation chronologically and submitted my documentation. Having specific dates and details really helped.
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Aisha Khan
If you're having trouble reaching NYS Department of Labor to discuss your specific situation, I found this 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. Was really helpful when I needed to clarify some things about my claim status instead of waiting hours on hold.
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Sean Doyle
•Thanks for the tip! How much does something like that cost?
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Aisha Khan
•The value was definitely worth it for me since I was able to get my questions answered quickly instead of playing phone tag for weeks. Check out their site for details.
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Ethan Taylor
just quit already life's too short to be miserable every day!! you can figure out the unemployment stuff later
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Zara Rashid
One more important point - if you do decide to quit, make sure you apply for unemployment benefits right away even if you think you might get denied. You can always appeal a denial, but you can't get retroactive benefits for weeks you didn't file. The worst they can say is no, and you might be surprised. Document everything and be prepared to explain your good cause reasoning clearly.
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