Forced to resign from job - can I still qualify for NYS Department of Labor unemployment benefits?
My supervisor at my retail job basically told me I could either resign or get fired because they said I wasn't meeting sales targets even though I never got written warnings or anything. I felt like I had no choice so I submitted my resignation letter yesterday. Now I'm wondering if I can still file for unemployment benefits with NYS Department of Labor since technically I quit but it wasn't really my decision? Has anyone been in this situation before? I really need the income while I look for another job.
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Sean O'Connor
This sounds like constructive dismissal which can qualify you for unemployment benefits. When you file your claim with NYS Department of Labor, make sure to select 'forced to quit' as your reason for separation and provide detailed documentation of what happened. You'll want to keep any emails, text messages, or written communications from your supervisor about this situation. The key is proving you had no reasonable alternative but to resign.
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Anastasia Sokolov
•Thank you! I do have some text messages from my manager about the sales issue. Should I upload those when I file my claim online?
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Zara Ahmed
same thing happened to me at my warehouse job last year, they said I could quit or they'd terminate me for attendance even though I had legitimate reasons for my absences
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Anastasia Sokolov
•Did you end up getting approved for benefits? How long did the process take?
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Zara Ahmed
•yeah I got approved but it took like 6 weeks because they had to do an adjudication to review my case, just be patient and keep filing your weekly claims
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Luca Conti
Document everything you can remember about the conversation with your supervisor. NYS Department of Labor will likely contact your former employer to verify your version of events, so having specific details about dates, times, and what was said will strengthen your case. Also, if there were any witnesses to these conversations, note their names and contact information.
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Nia Johnson
•This is really important advice! I made the mistake of not documenting things properly when I was in a similar situation and it made my appeal much harder.
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CyberNinja
The NYS Department of Labor phone system is absolutely terrible if you need to talk to someone about your claim status. I spent weeks trying to get through after my forced resignation case went into adjudication. Finally found this service called Claimyr at claimyr.com that actually got me connected to a real person at NYS Department of Labor. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me so much frustration honestly.
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Anastasia Sokolov
•How much does something like that cost? I'm already tight on money since I lost my job.
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CyberNinja
•It's worth checking out their site for details, but honestly the peace of mind of actually reaching someone when you need help with your claim was invaluable for me.
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Mateo Lopez
File your claim ASAP! Even if you're not sure you'll qualify, it's better to get the process started. The worst they can say is no, but if you wait too long you might miss out on benefits you're entitled to. Make sure when you file weekly claims you're actively job searching and keeping track of your job search activities.
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Anastasia Sokolov
•Good point about the job search requirements. Do I need to start looking immediately or can I wait until my claim is approved?
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Sean O'Connor
•You should start your job search right away. NYS Department of Labor requires you to be actively seeking work from the first week you file, even during adjudication.
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