Can you receive unemployment benefits if you quit your job in NY - confused about eligibility
I'm really confused about something and hoping someone can clarify. My coworker told me you can't get unemployment if you quit your job, but I've been reading conflicting information online. I'm thinking about leaving my current position because my boss has been making my work environment absolutely miserable - constantly yelling, changing my schedule last minute, and creating a hostile atmosphere. Would I be able to file for NYS Department of Labor benefits if I quit due to these working conditions? Or do I have to wait to get fired? I really can't afford to be without income but I also can't keep dealing with this toxic situation.
15 comments


Rhett Bowman
You can potentially qualify for unemployment benefits if you quit for 'good cause' related to your work. NYS Department of Labor recognizes several situations including harassment, unsafe working conditions, or substantial changes to your job terms. However, you'll need to document everything - keep records of incidents, emails, schedule changes, etc. The burden of proof is on you to show you had no reasonable alternative but to quit.
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Danielle Campbell
•Thank you! I haven't been keeping records but I can start now. Do you know what kind of documentation they typically want to see?
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Abigail Patel
i quit my job last year and got denied unemployment, they said i quit voluntarily so no benefits
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Daniel White
•Did you appeal the decision? Many people don't realize you can challenge the initial determination if you have documentation of good cause.
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Rhett Bowman
For documentation, you'll want written evidence like emails showing the hostile behavior, witnesses who can verify the treatment, any complaints you filed with HR, medical records if the stress affected your health, and a detailed timeline of events. Also important - you should try to address the issues with management first if possible, as NYS Department of Labor wants to see you attempted to resolve the situation before quitting.
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Danielle Campbell
•We don't have HR at my small company, it's just me and 3 other employees with the owner. I did try talking to him once but he just got angrier.
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Nolan Carter
I had success using Claimyr when I needed to speak with someone at NYS Department of Labor about my claim status. They help you get through to an actual agent instead of sitting on hold forever. There's a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. I was able to get clarification about my specific situation much faster than trying to call directly. The site is claimyr.com if you end up needing to talk to someone about your eligibility before making the decision to quit.
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Natalia Stone
•How much does that service cost? I'm already tight on money which is why I'm worried about quitting without knowing if I'll qualify for benefits.
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Nolan Carter
•They focus on the value of actually reaching an agent rather than pricing details. For me it was worth it to get definitive answers about my claim instead of guessing or waiting weeks for a callback that never came.
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Tasia Synder
THE SYSTEM IS RIGGED AGAINST WORKERS! I've seen so many people get screwed over by NYS Department of Labor when they quit toxic jobs. They make it nearly impossible to prove 'good cause' and then deny your claim anyway. Meanwhile companies can fire you for any reason and you get benefits immediately. It's backwards!
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Selena Bautista
•I feel you on this. The whole adjudication process seems designed to discourage people from even trying to claim benefits when they quit.
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Daniel White
Before you quit, document EVERYTHING starting now. Take photos of schedule changes, save any hostile emails or texts, write down dates and details of incidents immediately after they happen. If possible, try to get the hostile behavior in writing - maybe send an email to your boss summarizing a verbal conversation you had. Also consider filing a complaint with the state labor department about the working conditions if they're truly unsafe or illegal. Having an official complaint on file can strengthen your unemployment case.
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Danielle Campbell
•This is really helpful advice. I never thought about trying to get things in writing by summarizing conversations in emails. That's actually pretty smart.
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Mikayla Brown
Another thing to consider is consulting with an employment attorney before you quit. Many offer free consultations and can help you understand if your situation might qualify as constructive dismissal - where the working conditions are so bad that quitting is essentially the same as being fired. They can also advise on whether you have any other legal options against your employer for creating a hostile work environment. Having legal documentation or even just a lawyer's opinion letter about your situation could help support your unemployment claim later.
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Omar Mahmoud
•That's great advice about consulting with an employment attorney. I didn't even know about constructive dismissal - that sounds like it could apply to my situation. Do you know if there are any free legal aid organizations in NY that help with employment issues? I'm not sure I could afford a private attorney even for a consultation.
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