Can you get unemployment if you quit your job in NY?
I've been thinking about leaving my current job because the working conditions are terrible and my boss is making my life miserable. But I'm worried about being able to pay my bills if I quit. Does anyone know if you can get unemployment benefits from NYS Department of Labor if you voluntarily quit? I heard somewhere that you might be able to if you have good cause but I'm not sure what that means exactly. Has anyone been through this situation before?
22 comments


Rebecca Johnston
Generally speaking, you can't get unemployment benefits if you voluntarily quit your job. NYS Department of Labor considers this a disqualification. However, there are some exceptions for 'good cause' situations like unsafe working conditions, harassment, or substantial changes to your job duties. You'd need to prove that a reasonable person would have quit under the same circumstances.
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KingKongZilla
•What kind of evidence would I need to show for unsafe working conditions? My workplace has some safety issues but I'm not sure if they're serious enough.
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Nathan Dell
i quit my last job and got denied unemployment right away. they said voluntary quit = no benefits. had to appeal it and even then it was a nightmare
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Grace Thomas
You CAN get unemployment if you quit, but only if you have what NYS Department of Labor considers 'good cause.' This includes things like harassment, unsafe working conditions, or significant changes to your job that weren't part of your original agreement. Mental health issues caused by workplace conditions can qualify too. You'll need to document everything - emails, witnesses, medical records if you've seen a doctor about the panic attacks. When you file your claim, you'll go through adjudication where they review whether your reason meets their criteria for good cause.
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Justin Chang
•Thank you! I haven't been documenting things but I do have some text messages from coworkers about how crazy things have gotten. Would that help? And do I need to try to resolve it with HR first or can I just quit and file?
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Maya Jackson
The key is documenting everything before you quit. If you're dealing with harassment or unsafe conditions, report it to HR or your supervisor in writing first. NYS Department of Labor wants to see that you tried to resolve the issue before quitting. Keep copies of all communications, take photos of safety hazards, and get witness statements if possible. The burden of proof is on you to show you had no reasonable alternative but to quit.
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KingKongZilla
•That's really helpful advice. I haven't documented anything yet but I should start doing that immediately.
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Hunter Brighton
definitely keep those text messages! NYS Department of Labor wants to see that you tried reasonable solutions first before quitting. So yes, you should document complaints to HR or your supervisor if possible. If they don't address the issues or if the situation gets worse, that strengthens your case. The adjudication process can take a few weeks so make sure you have some savings to cover bills while they review your claim.
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Dylan Baskin
•This is good advice. I quit due to harassment last year and it took almost a month for my claim to be approved. Having HR documentation was crucial.
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Tristan Carpenter
My friend quit her job last year because her boss was sexually harassing her and she got approved for unemployment after appealing. But she had to go through a whole hearing process and it took months. If you're going to quit, make sure you have a really solid case with lots of documentation.
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Amaya Watson
Wait I'm confused - if you quit can you still file a claim? Or do you have to wait a certain amount of time? I thought you couldn't even apply if you voluntarily left your job.
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Rebecca Johnston
•You can still file a claim, but NYS Department of Labor will investigate and likely deny it initially if you quit without good cause. That's when you'd need to appeal the decision and present your evidence for why you had to quit.
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Lauren Wood
ugh i feel for you, toxic workplaces are the worst. just be prepared that even with good cause its not guaranteed and the process is stressful. i tried to get benefits after quitting a horrible job and got denied initially, had to appeal and it took forever. maybe try to stick it out while looking for another job if you can?
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Justin Chang
•That's what I'm afraid of. I've been job hunting for 3 months with no luck. The market is tough right now.
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Grant Vikers
I had trouble reaching anyone at NYS Department of Labor when I needed to discuss my disqualification appeal. Kept getting hung up on or couldn't get through at all. Someone on here recommended claimyr.com and I was able to get connected to an actual agent who helped explain the appeal process. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Made the whole process way less stressful than trying to call on my own.
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KingKongZilla
•Thanks for the tip! Getting through to NYS Department of Labor has been impossible when I've tried calling about other things.
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Ellie Lopez
If you're having trouble getting through to NYS Department of Labor to ask questions about your specific situation, I had success using a service called Claimyr (claimyr.com) that helped me get connected to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of trying to call and getting hung up on. Might be worth checking out if you need to speak with someone about whether your situation would qualify for good cause.
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Justin Chang
•I'll definitely look into that. The NYS Department of Labor phone system is impossible to navigate when you actually need help.
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Giovanni Martello
honestly the unemployment system is so broken. they make it impossible to get benefits even when you deserve them. good luck dealing with all the bureaucracy if you decide to quit
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Chad Winthrope
Whatever you do, don't just walk out without notice. That could hurt your case. Give proper notice if possible and document your reasons in writing when you submit it. Also make sure you apply for benefits immediately after your last day - there's no waiting period requirement but the sooner you file the better.
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Sean O'Connor
I went through this exact situation last year and was able to get unemployment after quitting due to a hostile work environment. The key things that helped my case were: 1) I documented every incident with dates and details in a journal, 2) I reported the issues to HR in writing and kept copies of their responses (or lack thereof), 3) I had a coworker willing to be a witness, and 4) I saw my doctor about stress-related symptoms and got that documented. NYS Department of Labor initially denied my claim but I appealed and won after presenting all this evidence. The whole process took about 6 weeks from filing to getting my first payment. Start documenting everything NOW if you haven't already - even if you decide not to quit, having that paper trail could be important later.
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Emma Davis
•This is really comprehensive advice, thank you! I'm curious about the witness part - did your coworker have to give a formal statement or testify at a hearing? I might have someone who would be willing to back up my situation but I'm not sure what would be required of them.
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