Does job abandonment qualify for unemployment benefits with NYS Department of Labor?
I stopped showing up to my job about two weeks ago because my manager was creating a hostile work environment and I couldn't take it anymore. Now I'm wondering if I can file for unemployment benefits. Does job abandonment qualify for unemployment with NYS Department of Labor? I'm worried they'll deny my claim since I technically quit by not showing up. Has anyone been in a similar situation?
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Malik Davis
Job abandonment is generally considered voluntary separation, which typically disqualifies you from UI benefits. However, if you can prove the working conditions were so intolerable that a reasonable person would have quit, you might qualify under 'constructive dismissal.' You'll need documentation of the hostile work environment - emails, witness statements, HR complaints, etc.
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Emma Thompson
•I didn't file any formal complaints with HR but I do have text messages from my supervisor that were pretty inappropriate. Would those help?
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Isabella Santos
honestly this happened to my cousin last year and she got denied initially but then appealed and won. the key was proving she had good cause to quit. took forever though and she had to go to a hearing
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Emma Thompson
•How long did the whole process take? I'm already struggling financially.
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StarStrider
You should still file for benefits even if you're unsure about eligibility. Let NYS Department of Labor make the determination. When you file, be honest about the circumstances but emphasize the hostile work environment. Document everything you can remember about the situation with dates and specific incidents.
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Ravi Gupta
•This is good advice. I had trouble reaching anyone at NYS Department of Labor when I needed to explain my situation, but I found this service called Claimyr (claimyr.com) that actually got me through to a real person. They have a video demo showing how it works: https://youtu.be/qyftW-mnTNI. Might be worth trying if you need to speak with someone about your case.
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Freya Pedersen
wait so if i just stop going to work i can get unemployment?? that doesn't seem right
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Malik Davis
•No, that's not how it works. Job abandonment usually disqualifies you unless there were extraordinary circumstances that forced you to leave.
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Omar Hassan
The NYS Department of Labor system is SO messed up. They'll probably deny you first just because that's what they do to everyone. I've been fighting an adjudication for months over something stupid. But yeah, file anyway because you never know.
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Chloe Anderson
I went through something similar and the adjudication process was a nightmare. Make sure you respond to any requests for information immediately. Missing deadlines will hurt your case.
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Emma Thompson
•Thanks for the heads up. I'll make sure to stay on top of any correspondence from them.
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Zainab Ali
I'm dealing with something similar right now - had to leave due to harassment from my supervisor. From what I've learned, you need to frame it as "constructive discharge" rather than abandonment. The key is showing you had no reasonable alternative but to quit. Those text messages from your supervisor could definitely help your case! I'd recommend writing down a detailed timeline of all the incidents that led to your decision to leave, including dates, witnesses, and any documentation you have. Even if you didn't file formal HR complaints, contemporaneous evidence like those texts can be really valuable. Good luck with your claim!
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Tate Jensen
•@Zainab Ali This is really helpful advice! I m'definitely going to start documenting everything I can remember with specific dates and incidents. The constructive "discharge angle" makes a lot more sense than just saying I abandoned my job. Did you end up getting approved for benefits? I m'curious how the process went for you since our situations sound pretty similar.
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