< Back to New York Unemployment

Tyler Lefleur

Can you receive unemployment if you resign from your job in New York?

I'm thinking about quitting my job because my supervisor has been making my work environment really hostile, but I'm worried about not being able to get unemployment benefits. Does anyone know if you can receive unemployment if you resign? I've been at this company for 2 years and really need the income while I look for something else. My mental health is suffering but I don't want to make a mistake that leaves me with no income.

You can get unemployment after quitting in New York, but only if you have 'good cause' for leaving. Hostile work environment could qualify if you can document it. You need to show that a reasonable person would have quit under the same circumstances. Save any emails, text messages, or write down incidents with dates. The NYS Department of Labor will investigate your claim during adjudication.

0 coins

Tyler Lefleur

•

Thank you! What kind of documentation should I focus on? I have a few emails where my supervisor was really inappropriate but I'm not sure if that's enough.

0 coins

Max Knight

•

i quit my last job and got benefits but it took forever to get approved. like 6 weeks of adjudication because they had to contact my old employer and investigate everything

0 coins

Emma Swift

•

Six weeks?? That's terrifying. I can't go that long without income. Did you have to prove anything specific?

0 coins

The key is proving 'constructive discharge' - basically that your employer made conditions so bad that any reasonable person would quit. Document everything: harassment, unsafe conditions, significant changes to your job duties or schedule without agreement, discrimination, etc. File your claim immediately after quitting and be prepared to provide detailed explanations during the phone interview.

0 coins

Tyler Lefleur

•

This is really helpful. Should I try to report the hostile behavior to HR first, or would that hurt my case if I quit anyway?

0 coins

Actually reporting to HR first and getting no resolution can strengthen your case. It shows you tried to fix the situation before quitting.

0 coins

Jayden Hill

•

The whole system is rigged anyway. They'll probably deny you first just to see if you'll give up and not appeal. I've seen people with legitimate harassment cases get denied initially.

0 coins

Tyler Lefleur

•

That's so discouraging. Is it worth appealing if they deny me?

0 coins

LordCommander

•

I was in a similar situation last year - toxic boss, no support from management. I tried calling the NYS Department of Labor directly to ask about my situation before quitting, but could never get through. The hold times are insane and they kept hanging up on me. Finally found this service called Claimyr that actually got me connected to a real person at the department. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that explains how it works. Was able to get specific guidance about my situation before making the decision to quit.

0 coins

Lucy Lam

•

Never heard of that but honestly anything beats sitting on hold for hours just to get disconnected.

0 coins

Tyler Lefleur

•

Thanks, I'll check that out. Did they charge you a lot for the service?

0 coins

LordCommander

•

It was worth it to actually talk to someone who could give me real advice about my specific situation instead of just guessing.

0 coins

Lucy Lam

•

Wait, so if I document everything and quit for good cause, do I still have to do job searches while my claim is being reviewed? Or does that start after approval?

0 coins

You need to start job searching immediately when you file your claim, even during adjudication. The job search requirement is 3 activities per week and you need to keep detailed records. Don't wait for approval to start looking - that could hurt your case.

0 coins

Dmitry Volkov

•

That's good to know about starting job searches right away. Does anyone know if volunteer work or freelance gigs count toward the 3 weekly job search activities? I'm worried about finding enough legitimate opportunities to apply to every week.

0 coins

New York Unemployment AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today