Can you quit your job and still get NYS Department of Labor unemployment benefits?
I'm thinking about quitting my retail job because my manager has been cutting my hours down to barely 15 per week and I can't survive on that. My friend told me I might be able to get unemployment if I quit for good cause but I'm not sure if that's true? Has anyone successfully gotten NYS Department of Labor benefits after quitting? What counts as good cause and how do you prove it?
23 comments


Amara Chukwu
You can potentially qualify for unemployment after quitting, but it has to be for what NYS Department of Labor considers 'good cause.' Substantial reduction in hours can qualify as constructive dismissal. You'll need to document everything - your original work schedule vs current hours, any written communications about the hour cuts, and show you tried to resolve it with your employer first. File your claim and explain the situation thoroughly in your application.
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Liam O'Sullivan
•Thank you! I do have my original offer letter that said 35-40 hours per week. Should I try talking to HR before I quit to document that I tried to fix it?
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Giovanni Conti
be careful with this! i quit my job last year thinking i had good cause and got denied. took forever to appeal and i never won. NYS Department of Labor is super strict about voluntary quits
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Fatima Al-Hashimi
The key is proving constructive dismissal. If your hours were cut by more than 20% from your regular schedule without your agreement, that can qualify. But you absolutely must file for unemployment immediately after quitting and be prepared for an adjudication review. They'll contact both you and your employer to verify the circumstances. Keep detailed records of your hour reductions and any attempts to address it with management.
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NeonNova
•What if they just say they cut hours due to business needs? Would that still count as good cause for the employee?
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Fatima Al-Hashimi
•That's where it gets tricky. Business needs can be a legitimate reason for hour cuts, but if it results in a substantial change to your employment terms without your agreement, it might still qualify as constructive dismissal. The adjudication process will determine if the reduction was reasonable or if it fundamentally changed your job.
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Dylan Campbell
I had a similar situation and ended up calling NYS Department of Labor agents through this service called Claimyr (claimyr.com) to get clarity before I quit. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. The agent I spoke with explained exactly what documentation I'd need and helped me understand if my situation would qualify. Way better than trying to get through the regular phone lines.
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Liam O'Sullivan
•That sounds helpful! How much did it cost to use that service?
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Dylan Campbell
•I don't remember the exact amount but it was worth it to get real guidance instead of guessing. Saved me from potentially quitting without proper documentation.
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Sofia Hernandez
THE SYSTEM IS DESIGNED TO SCREW WORKERS! They make it nearly impossible to qualify when you quit even for legitimate reasons. I've seen people get denied for the most obvious cases of constructive dismissal. Document everything but don't count on NYS Department of Labor doing the right thing.
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Dmitry Kuznetsov
same thing happened to my sister, her hours got cut and she tried to get unemployment. took like 6 weeks just to get an answer and they made her jump through so many hoops
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Jamal Brown
I went through this exact situation about 8 months ago. My hours got cut from 32 to 12 per week at my warehouse job. I documented everything - kept screenshots of my schedule, saved emails from my supervisor about the cuts, and even recorded the date/time of conversations I had with HR about restoring my hours. When I finally quit and filed for unemployment, the whole process took about 5 weeks but I was approved. The key was showing that I made good faith efforts to resolve it first and that the hour reduction was substantial enough to make the job financially unsustainable. Don't let the horror stories scare you off - just make sure you have solid documentation before you quit.
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Maya Diaz
•This is really encouraging to hear! Can you share what specific documentation helped the most during your review? I'm in a similar boat where my hours dropped from about 35 to 15 per week, and I want to make sure I'm collecting the right evidence before I make any moves.
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Amina Diop
•I'm glad someone had success with this! @Maya Diaz I m'in almost the exact same situation - went from 35-40 hours to 15. @Jamal Brown what you re describing'sounds like exactly what I need to do. Did you have to provide your original job offer or employment contract showing your expected hours? And how long did you wait between trying to resolve it with HR and actually quitting? I want to make sure I give them enough time to fix it before I quit so it doesn t look'like I didn t try.'
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StarSeeker
•@Jamal Brown This gives me hope! I m'currently dealing with similar hour cuts at my restaurant job - went from guaranteed 30+ hours to maybe 12-16 per week. Can I ask how you documented the conversations with HR? Did you follow up in writing after verbal discussions to create a paper trail? And did NYS Department of Labor contact your employer during the review process? I m'worried my manager might retaliate or give a bad reference if they know I m'planning to file for unemployment after quitting.
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Miranda Singer
•@Jamal Brown Thanks for sharing your success story! This is exactly what I needed to hear. I m'dealing with the same thing - hours cut from around 35 to 15 per week at my retail job. Can you give more specifics about what you said to HR when you tried to resolve it? I m'worried about how to approach that conversation without making it seem like I m'threatening to quit if they don t'fix it. Also, did you keep a journal of all the dates and details of your conversations, or was it more about saving actual documents like emails and schedules?
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Oliver Weber
I'm going through something similar right now - my retail hours got slashed from about 30 to maybe 10-12 per week. Reading @Jamal Brown's success story gives me some hope! I've been hesitant to quit because I wasn't sure if I'd qualify for unemployment, but it sounds like if you document everything properly and show you tried to work with your employer first, there's a real chance. I've been keeping screenshots of my schedules and I think I need to start documenting my conversations with management too. Has anyone else had luck with this approach recently? The financial stress from these hour cuts is really getting to me and I need to know my options.
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Isaiah Sanders
•@Oliver Weber I m'in a really similar situation - my hours at a clothing store got cut from around 28 to barely 12 per week about a month ago. I ve'been documenting everything since reading these posts, and I m'planning to have a formal conversation with my manager next week about restoring my hours before I consider quitting. @Jamal Brown s story'really helped me understand that this could actually work if done right. Have you tried talking to your management about the hour cuts yet? I m nervous'about that conversation but it seems like a crucial step for building your case. We should definitely keep each other updated on how this goes!
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Mateo Rodriguez
I've been following this thread closely because I'm in a very similar situation - my hours at a department store got cut from 32 to about 14 per week last month. Reading everyone's experiences, especially @Jamal Brown's success story, has been really helpful. I wanted to add that I called the NYS Department of Labor general information line last week (took forever to get through) and they confirmed that substantial hour reductions can qualify as good cause for quitting, but they emphasized that you need to show you attempted to resolve it with your employer first. They also mentioned that the burden of proof is on you to demonstrate that the hour reduction made continued employment unreasonable. I'm now keeping a detailed log of every conversation I have with my supervisor and I plan to send a formal email request to restore my hours before taking any action. It seems like having that paper trail is absolutely crucial for a successful claim.
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Ava Williams
•@Mateo Rodriguez That s'really valuable information about calling NYS Department of Labor directly! I m'new to this situation but dealing with something similar - my hours got reduced from about 28 to 12 per week at my grocery store job. The fact that they specifically mentioned the burden of proof being on us to show the hour reduction made continued employment unreasonable "is" crucial to understand. Did they give you any specifics about what timeline you should allow between requesting hour restoration and actually quitting? I m'worried about waiting too long and struggling financially, but I also don t'want to rush the process and hurt my chances of approval. Your approach with the detailed log and formal email sounds smart - I think I need to start doing the same thing.
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Savannah Vin
I just wanted to jump in here as someone who successfully navigated this process about 6 months ago. My situation was almost identical - retail job, hours cut from 35 to 12 per week. The documentation everyone is mentioning is absolutely critical. What really helped my case was creating a timeline document that showed: 1) My original hiring terms and typical schedule, 2) When the hour cuts started and how dramatic they were, 3) Every attempt I made to resolve it (with dates and follow-up emails), and 4) How the reduced income made the job financially unsustainable. I waited about 3 weeks after my final conversation with management before quitting to show I gave them reasonable time to address it. The NYS Department of Labor adjudicator specifically mentioned that my thorough documentation and evidence of good faith efforts to resolve the issue were key factors in approving my claim. It took about 4 weeks total to get approved, but it was worth the wait. Don't let the horror stories discourage you - just be methodical about building your case before you make any moves.
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CosmicCommander
•@Savannah Vin This is incredibly helpful! I m'new to this community but dealing with almost the exact same situation - my hours at a fast food place got cut from about 30 to 12 per week and I ve'been struggling to figure out if I have a case for unemployment after quitting. Your timeline approach sounds perfect - I love how organized and methodical you were about it. Can I ask what you included in those follow-up emails after conversations with management? I m'worried about coming across as confrontational or like I m'building a case against them, but it sounds like having that paper trail was crucial for your success. Also, when you say you waited 3 weeks after your final conversation, was that 3 weeks of continued reduced hours while waiting for them to potentially fix it? I m'trying to balance being patient enough to show good faith versus the financial reality of barely being able to pay rent on these reduced hours.
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Amina Diallo
I'm dealing with almost the exact same situation right now! My hours at a coffee shop got cut from around 32 to maybe 14 per week about three weeks ago. Reading through everyone's experiences here, especially @Jamal Brown and @Savannah Vin's success stories, has been so helpful and gives me hope that this might actually work. I've started keeping screenshots of my schedules and I'm planning to have a formal conversation with my manager this week about restoring my hours. The documentation advice everyone is sharing seems crucial - I'm going to start keeping a detailed log of everything. Has anyone dealt with a situation where management says the hour cuts are temporary due to "slow business" but then weeks go by with no improvement? I'm worried they'll just keep stringing me along while I can barely afford groceries. The financial stress is really getting to me but I want to make sure I handle this the right way if I decide to quit and file for unemployment.
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