How can you get unemployment if you quit your job in NY?
I've been working at this retail store for almost 2 years and the management has gotten really toxic lately. They're scheduling me for only 15 hours a week when I used to get 35-40, and when I ask about it they just shrug. The assistant manager also makes inappropriate comments that make me uncomfortable but HR never does anything when I report it. I'm thinking about quitting but I'm worried I won't be able to get unemployment benefits. Is there any way to qualify for NYS Department of Labor benefits if you quit instead of getting fired? I really can't afford to be without income but I don't think I can stay in this situation much longer.
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Sean Kelly
You can potentially qualify for unemployment benefits after quitting if you have "good cause" that's related to your work. In NY, this includes things like unsafe working conditions, harassment that your employer doesn't address, or significant changes to your job (like major hour reductions). The key is documenting everything - keep records of your complaints to HR, your schedule changes, any inappropriate behavior. You'll need to prove you tried to resolve the issues before quitting and that a reasonable person would have quit in your situation.
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Anastasia Kozlov
•Thank you! I do have emails where I reported the comments to HR and they basically ignored them. Should I send one more formal complaint before I quit to show I tried everything?
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Zara Mirza
same thing happened to my friend last year - her boss was cutting everyone's hours to avoid paying benefits and she was able to get unemployment when she quit. but she had to go through some kind of hearing or something with NYS Department of Labor to prove it
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Luca Russo
•That's called a "constructive discharge" situation. When an employer makes working conditions so unreasonable that quitting becomes the only option, it can qualify you for benefits. The hearing process lets you present your evidence to show you had good cause for leaving.
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Nia Harris
Getting through to NYS Department of Labor to even ask about this stuff is impossible though. I tried calling about my own claim issues for weeks and could never get a real person. If you're going to quit and file, you might want to try that claimyr.com service I heard about - they help you actually reach an agent to discuss your specific situation. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Way better than sitting on hold for hours just to get disconnected.
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GalaxyGazer
•wait is that legit? sounds too good to be true
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Nia Harris
•Yeah it's real, my coworker used it when she had adjudication issues. She was able to talk to someone same day instead of waiting weeks for a callback that never came.
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Mateo Sanchez
Before you quit make sure you have EVERYTHING documented. Screenshots of your schedule showing the hour cuts, printed emails of your HR complaints, maybe even record the inappropriate comments if you can do it legally. NYS Department of Labor will want proof that you didn't just quit because you felt like it. Also file your claim immediately after quitting - don't wait or you might lose benefits for those weeks.
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Aisha Mahmood
ugh the system is so messed up... why should you have to PROVE you deserve help when you're already in a bad situation?? like if someone quits theres probably a good reason
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Sean Kelly
•I understand the frustration, but the requirements exist because unemployment insurance is meant for people who lose work through no fault of their own. Without some verification process, the system would be overwhelmed and couldn't help people who really need it.
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