Can you only get NYS Department of Labor unemployment if you are fired?
My company is cutting hours and I might have to quit my job soon because I can't survive on 15 hours a week. A coworker told me you can only get unemployment benefits if you're fired, not if you quit. Is this true? I've been working there for 2 years and really don't want to quit but I need to find something full-time. Would I be able to get unemployment from NYS Department of Labor if I quit due to reduced hours?
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CosmicCadet
Actually, you might qualify even if you quit! NYS Department of Labor has something called 'constructive dismissal' or quitting for good cause. If your hours were cut significantly, that could count as good cause. You'd need to document the hour reduction and show you tried to work with your employer first. Don't just quit without filing properly though - you need to follow the right process.
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Omar Farouk
•Really? I had no idea about that. My hours went from 40 to 15 per week starting last month. Should I talk to my manager about it first before doing anything?
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Chloe Harris
your coworker is wrong about that. you can get unemployment if you quit for certain reasons. reduced hours is definitely one of them but you have to prove it wasnt your choice
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Diego Mendoza
The key is documenting everything. Save emails about the schedule changes, keep records of your actual hours worked vs. your original schedule. NYS Department of Labor will want to see that the hour reduction was substantial and not temporary. Generally, a reduction of more than 20% of your regular hours can qualify as good cause for quitting. You'll need to file your claim and explain the circumstances during the adjudication process.
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Omar Farouk
•Thank you! I do have the email where they announced the schedule changes. It said it was 'indefinite' due to slow business. Would that be enough documentation?
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Diego Mendoza
•That email is perfect evidence. The word 'indefinite' shows it wasn't a temporary reduction. Make sure you also document any attempts to discuss the situation with management before quitting.
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Anastasia Popova
I had a similar situation last year and couldn't get through to NYS Department of Labor for weeks to ask about my options. Ended up using this service called Claimyr (claimyr.com) that helped me reach an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really helped me understand my options before making any decisions about quitting.
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Sean Flanagan
•Never heard of that service before. Did it actually work for you? I've been trying to call NYS Department of Labor for days about my own claim issues.
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Anastasia Popova
•Yeah it worked well for me. Much easier than sitting on hold for hours just to get disconnected. The agent was able to explain exactly what documentation I needed for my situation.
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Zara Shah
Just want to add that you should also look into partial unemployment benefits if you're still working those 15 hours. You might be able to collect some benefits while still working the reduced schedule, which could buy you time to find a better job without having to quit immediately.
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Omar Farouk
•I didn't know that was an option either! Would I qualify for partial benefits with such a big hour reduction?
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NebulaNomad
ugh the whole unemployment system is so confusing. why cant they just make it simple - if you need help you get help!
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