Does voluntary separation qualify for unemployment benefits in NY?
I'm thinking about leaving my job because my supervisor has been making the workplace really hostile and I can't take it anymore. Before I do anything stupid, I need to know - does voluntary separation qualify for unemployment benefits through NYS Department of Labor? I've been at this company for 2 years and really don't want to mess up my chances of getting UI if I quit. Has anyone been in a similar situation? What counts as 'good cause' for quitting?
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Keisha Jackson
Generally speaking, voluntary separation does NOT qualify for unemployment benefits in NY unless you can prove you had 'good cause' to quit. Hostile work environment can qualify, but you need solid documentation. Did you report the harassment to HR? Do you have emails, witness statements, or other proof? NYS Department of Labor will investigate your claim and you'll likely face an adjudication process where they review all the evidence.
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QuantumQuasar
•I haven't reported to HR yet because I'm scared of retaliation. Should I do that first before quitting? How much documentation do I really need?
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Paolo Moretti
You CAN get unemployment after quitting but the bar is pretty high. I quit my last job due to unsafe working conditions and it took 6 weeks of adjudication before NYS Department of Labor approved my claim. You need to show you made reasonable efforts to resolve the situation first. Document everything - dates, times, witnesses, any communication about the hostile behavior. Also file complaints with HR and your state labor board if applicable.
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QuantumQuasar
•6 weeks of adjudication sounds terrifying! Did you have any income during that time or were you just waiting?
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Paolo Moretti
•No income during adjudication unfortunately. That's why documentation is so critical - the stronger your case, the faster the process usually goes.
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Amina Diop
ugh this system is so messed up!! why should people have to stay in toxic jobs just to get benefits they paid into?? i tried to quit my job last year for similar reasons and NYS Department of Labor denied my claim even though my boss was clearly harassing me. apparently my 'evidence wasn't sufficient' even though i had text messages. the whole appeals process took forever too
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Keisha Jackson
•I understand the frustration, but the system has to verify legitimate claims vs people who just don't like their jobs. Text messages can be helpful evidence, but they usually want to see formal complaints filed first.
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Oliver Weber
If you're having trouble reaching NYS Department of Labor to discuss your specific situation, I had good luck using Claimyr (claimyr.com) to get through to an actual agent. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. I was able to speak with someone who explained exactly what documentation I'd need for my voluntary quit claim before I actually filed. Saved me a lot of headaches.
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Natasha Romanova
•never heard of this service before, does it actually work or is it just another scam?
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Oliver Weber
•It's legit - basically they handle the calling and waiting on hold for you. I was skeptical too but got connected to a real NYS Department of Labor rep within an hour instead of spending days trying to get through myself.
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NebulaNinja
My sister went through this exact thing! She documented everything for months - kept a journal of incidents, saved emails, even recorded conversations (check if that's legal in NY first). When she finally quit and filed for unemployment, she got approved after about 3 weeks of adjudication. The key was showing she tried multiple times to resolve it through proper channels first.
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Javier Gomez
wait so if I quit can I still file weekly claims while they're deciding? or do I have to wait until the adjudication is over? this is so confusing
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Ian Armstrong
•You can file your initial claim and continue filing weekly certifications during the adjudication process, but you won't receive any payments until they make a decision. If they approve your claim, you'll get backpay for those weeks. If they deny it, you won't get anything. So definitely file right away to preserve your claim date - just don't count on the money until the decision comes through.
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Ryder Everingham
I'm going through something similar right now and wanted to share what I learned from speaking with a NYS Department of Labor rep last week. They emphasized that "constructive discharge" is what you're looking for - basically when working conditions become so intolerable that a reasonable person would feel compelled to quit. But here's the catch: you MUST attempt to resolve the issue through internal channels first (HR, management, etc.) and document their response (or lack thereof). They also mentioned that timing matters - if you wait too long after the hostile incidents to quit, it can hurt your case. I'd recommend keeping a detailed log of every incident with dates, times, witnesses, and any steps you took to address it. Also consider filing a complaint with the NY State Division of Human Rights if the hostility is based on protected characteristics - having that on record can strengthen your unemployment claim.
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Leila Haddad
•This is really helpful info about constructive discharge - thank you! The timing aspect is something I hadn't considered. How long is "too long" in their eyes? My situation has been getting progressively worse over the past few months, but the really bad incidents have been more recent. Should I be documenting every single interaction or just the major hostile incidents?
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