Can you resign and get unemployment benefits from NYS Department of Labor?
I'm thinking about quitting my job because my manager has been making work impossible - cutting my hours randomly, giving me tasks outside my job description, and generally creating a hostile environment. But I'm worried about whether I'd be able to get unemployment benefits if I resign instead of waiting to get fired. Does NYS Department of Labor approve claims for people who quit? I can't afford to be without income but I also can't stay in this situation much longer.
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Yara Abboud
Generally, if you quit voluntarily, you're disqualified from receiving unemployment benefits unless you can prove it was for 'good cause.' NYS Department of Labor defines good cause pretty narrowly - things like unsafe working conditions, harassment, or significant changes to your job terms. You'd need to document everything and be prepared to prove your case during adjudication.
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Connor Byrne
•What kind of documentation would I need? I don't have much in writing, mostly just verbal harassment and schedule changes.
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PixelPioneer
honestly this is tricky territory... i quit my last job and got denied initially but then won on appeal. took like 3 months total though
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Keisha Williams
•Three months?! How did you survive financially during that time? I'm already living paycheck to paycheck.
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Paolo Rizzo
Before you resign, try to get everything documented in writing. Email your supervisor about the schedule changes, file complaints with HR if you have it, keep records of any inappropriate requests. Also look into 'constructive dismissal' - if they're making conditions so bad you're forced to quit, that might qualify as good cause. The key is proving you had no reasonable alternative but to leave.
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Connor Byrne
•We don't have HR, it's a small company. Would screenshots of text messages about schedule changes count as documentation?
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Paolo Rizzo
•Yes, absolutely save those! Any written communication showing unreasonable demands or hostile behavior helps your case.
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Amina Sy
I had to deal with this exact situation last year when trying to reach someone at NYS Department of Labor about my resignation case. Calling their phone lines was impossible - kept getting disconnected after hours on hold. I ended up using this service called Claimyr (claimyr.com) that actually got me through to a real agent who explained the good cause requirements. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Made all the difference in understanding what evidence I needed before filing.
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Connor Byrne
•That's really helpful, thanks! Did you end up getting approved after talking to them?
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Amina Sy
•Yeah, but it took building a solid case first. The agent helped me understand I needed more than just 'my boss was mean' - had to show specific policy violations or unsafe conditions.
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Oliver Fischer
The whole system is set up to screw workers over! They make it nearly impossible to quit an abusive job and still get benefits. Meanwhile employers can fire you for any reason and you get benefits no questions asked. Makes no sense.
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Natasha Ivanova
•I get the frustration but there are protections in place, they're just not well publicized. The good cause standard exists specifically for situations like OP described.
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Amina Diallo
Have you considered documenting the hostile work environment through a work journal? I kept detailed daily notes when I was dealing with a similar situation - dates, times, witnesses present, exact quotes when possible. Also, if your manager is cutting your hours significantly, that could potentially qualify as "constructive dismissal" since it's affecting your ability to earn a living. You might want to check if your state has any worker protection agencies that could advise you before you make the decision to quit. Sometimes having an official complaint on file can strengthen your unemployment case later.
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Javier Torres
•That's excellent advice about the work journal! I wish I had known to do that earlier. How detailed should the entries be? Should I include things like tone of voice or just stick to factual events? And do you know if there's a minimum timeframe I should document before quitting, or is any amount of documentation better than none?
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