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Alicia Stern

Do you get unemployment benefits if you quit your job in New York?

I'm thinking about quitting my retail job because my manager keeps scheduling me for shifts I can't work due to my school schedule, even though I told them my availability when I was hired. If I quit, can I still get unemployment benefits from NYS Department of Labor? I've been working there for about 8 months and really need the income to pay for rent and groceries. I know usually you can't get benefits if you quit but I've heard there might be exceptions for situations like this. Has anyone been in a similar situation?

Generally speaking, if you quit your job voluntarily, you won't be eligible for unemployment benefits in New York. However, there are some exceptions for what's called 'good cause' reasons. If your employer is not accommodating your previously agreed-upon availability and this creates a substantial change in your working conditions, you might have a case. You'd need to document everything - your original availability agreement, the schedule conflicts, any communications with your manager about the issue. The NYS Department of Labor will review your case during adjudication to determine if you had good cause to quit.

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Alicia Stern

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Thank you! I do have some text messages where I reminded my manager about my availability. Should I file for benefits right away after quitting or wait?

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Drake

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Before you quit, try to get your employer to fire you instead if possible. I know that sounds weird but hear me out - if you can document that they're not following your agreed schedule and it's making it impossible for you to work, they might let you go rather than deal with the hassle. That way you'd definitely qualify for UI benefits. If you do end up quitting, make sure you have EVERYTHING documented - emails, texts, your original job application or interview notes about availability, everything.

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Sarah Jones

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This is actually smart advice. I had a friend who did this when her boss kept changing her hours last minute.

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ugh i quit my job last year and they denied my claim immediately. took forever to appeal and i still lost. the system is rigged against workers who cant take abuse from employers

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Alicia Stern

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That's exactly what I'm worried about. Did you have documentation of why you quit?

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Emily Sanjay

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I actually got through to someone at NYS Department of Labor about this exact situation last month using a service called Claimyr (claimyr.com). They have this system that helps you get connected to actual agents instead of waiting on hold forever. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. The agent I spoke with explained that schedule changes can qualify as good cause if they're substantial and you tried to work it out with your employer first. Might be worth getting official guidance before you make any decisions.

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Jordan Walker

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How much does that service cost? I'm already struggling financially which is why I need to know about this stuff.

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Emily Sanjay

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It's pretty reasonable and honestly saved me so much time and stress compared to trying to call the regular way. Way better than sitting on hold for hours just to get disconnected.

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Natalie Adams

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Just want to add that even if you think you have good cause, be prepared for your claim to go into adjudication. This means they'll investigate your case which can take several weeks. During this time you won't receive any payments. Make sure you keep filing your weekly claims even during adjudication though, or you could lose benefits for those weeks if you're eventually approved.

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Mei Wong

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Have you tried talking to your manager or HR about this issue in writing? Before you quit, I'd recommend sending an email documenting your original availability agreement and requesting accommodation for your school schedule. This creates a paper trail that shows you tried to resolve the issue before leaving. If they refuse or ignore your request, that strengthens your case for "good cause" if you do end up quitting. Also, check if your employee handbook mentions anything about scheduling accommodations - sometimes there are policies they're supposed to follow that they're not honoring.

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I went through something similar when I was in college. My employer kept ignoring my class schedule even though I gave it to them at the start of each semester. What really helped my case was keeping a detailed log - I wrote down every time they scheduled me during class hours, every conversation I had with my manager about it, and took screenshots of my schedule vs my class times. I also sent a formal email to HR explaining the situation and requesting they honor my original availability agreement. When they didn't respond, I quit and filed for unemployment. It took about 6 weeks for adjudication, but I was approved because I could prove I tried to resolve it and that the schedule conflicts made it impossible to keep the job. The key is having documentation that shows you made good faith efforts to work with them first.

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