How long after quitting a job can you apply for unemployment in NY?
I left my retail job last Tuesday because my manager was cutting my hours down to basically nothing (went from 32 hours to maybe 8-10 per week). I've been reading about constructive dismissal but I'm not sure if that applies here. How soon can I file for unemployment with NYS Department of Labor? Do I need to wait a certain amount of time after quitting or can I apply right away? Also worried they'll deny me since technically I quit instead of getting fired.
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Sofia Morales
You can file immediately - there's no waiting period to submit your application. However, you'll need to prove you had 'good cause' for leaving. Significant reduction in hours can qualify as constructive dismissal in NY. Make sure you document everything about the hour cuts when you file your claim.
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Dylan Mitchell
•Thanks! Should I mention the constructive dismissal thing when I file or just say I quit? I have text messages from my manager about the schedule changes.
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Dmitry Popov
same thing happened to me but with a restaurant job. filed right away and got approved after they investigated. took like 3 weeks though for them to decide
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Dylan Mitchell
•Did you have to provide any specific documentation during the investigation?
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Dmitry Popov
•yeah they wanted my old schedules and any communication with my boss about the hour cuts. also had to do a phone interview
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Ava Garcia
The key is proving 'compelling personal reasons' for leaving. Hours being cut by more than 50% usually qualifies. When you file online through my.ny.gov, there's a section where you explain why you left - be detailed there. NYS Department of Labor will review your case and may contact your former employer.
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StarSailor}
•What if the employer lies though? My old boss told them I was a no-show when I actually quit because of harassment. How do you fight that?
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Ava Garcia
•You can appeal their decision and provide evidence. Documentation is crucial - emails, texts, witness statements, anything that supports your version of events.
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Miguel Silva
I've been trying to reach NYS Department of Labor for weeks about my own quit vs fired situation and their phone lines are always busy. Getting really frustrated with this whole process. Has anyone found a way to actually talk to someone there?
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Zainab Ismail
•I used a service called Claimyr (claimyr.com) that helped me get through to an actual NYS Department of Labor agent when I couldn't reach them myself. They have this video demo (https://youtu.be/qyftW-mnTNI) that shows how it works. Saved me hours of calling and getting hung up on.
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Connor O'Neill
Wait so you can get unemployment even if you quit?? I thought that was only for people who got fired or laid off. This changes everything for my situation...
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Sofia Morales
•Only if you quit for 'good cause' - things like unsafe working conditions, harassment, significant changes to your job duties or hours, etc. Regular voluntary resignation usually disqualifies you.
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