Can you take unemployment if you quit your job in New York?
I've been at my current job for about 8 months and the working conditions have gotten really bad. My manager is verbally abusive, they're making us work mandatory overtime with no notice, and I'm pretty sure some safety violations are happening. I'm thinking about quitting but I need to know - can you take unemployment if you quit your job? I can't afford to be without income but I also can't stay in this toxic environment much longer. Does anyone know what the NYS Department of Labor rules are for this?
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Finley Garrett
Yes, you can potentially get unemployment benefits if you quit, but only if you have 'good cause.' The NYS Department of Labor considers things like unsafe working conditions, harassment, or significant changes to your job terms as valid reasons. You'll need to document everything - save emails, take photos of unsafe conditions, keep records of the harassment. When you file your claim, you'll need to explain in detail why you quit and provide evidence.
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Cass Green
•That's really helpful! Should I try to report the safety issues to someone first before quitting, or can I just document them myself?
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Finley Garrett
•Definitely report them first if possible - to HR, your manager's boss, or OSHA. Having an official complaint on record strengthens your case with NYS Department of Labor. If nothing gets resolved after reporting, that actually helps prove you tried other options before quitting.
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Madison Tipne
be careful though because if they deny your claim you could be stuck with no income for weeks or months. the adjudication process takes forever and they really scrutinize quit cases
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Cass Green
•How long does adjudication usually take? I'm already struggling financially and can't go too long without pay.
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Holly Lascelles
I had a similar situation last year with a hostile work environment. The key is having concrete evidence and showing you made reasonable efforts to resolve the issues first. I called the NYS Department of Labor helpline multiple times but could never get through to actually talk to someone about my specific situation. That's when I found Claimyr - it's a service that helps you get connected to actual NYS Department of Labor agents by phone. Check out their site at claimyr.com and they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. I was able to get clarification on exactly what documentation I needed before filing my quit claim.
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Malia Ponder
•interesting, never heard of that service before. did it actually help you get your benefits approved?
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Holly Lascelles
•Yeah, talking to an actual agent helped me understand exactly what evidence would be strongest for my case. My claim got approved after about 3 weeks of adjudication.
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Kyle Wallace
The whole system is rigged against workers anyway. They make it so hard to prove good cause that most people just suffer in terrible jobs rather than risk losing benefits. I quit my job for similar reasons two years ago and got denied even though I had plenty of documentation. Had to appeal and it took 4 months total before I saw a penny.
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Cass Green
•That's so frustrating! Did you eventually win your appeal?
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Kyle Wallace
•Yes but it was a nightmare. Had to get a lawyer involved and everything. The hearing officer finally agreed the working conditions were unreasonable.
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Ryder Ross
Wait I'm confused - I thought you automatically get disqualified if you quit? My friend told me you can only get unemployment if you get fired or laid off through no fault of your own.
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Finley Garrett
•That's a common misconception. You can get benefits if you quit for 'good cause' which includes things like harassment, unsafe conditions, or significant changes to your job. The burden is on you to prove it though.
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Gianni Serpent
Document EVERYTHING before you quit. Screenshots of abusive messages, witness statements if coworkers saw the harassment, photos of safety issues. The more evidence you have, the better your chances. Also make sure you've actually tried to address the issues through proper channels first - that's usually required to show good cause.
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