How to prove hostile work environment for unemployment benefits NYS Department of Labor

You need to show that any reasonable person would have quit under those circumstances. NYS Department of Labor looks for constructive discharge cases where working conditions were so intolerable that quitting was the only option. Your documentation is good but you'll need to show you tried to resolve it first - did you report the behavior to HR or higher management before quitting?

The age-related comments could be discrimination which definitely strengthens your case. NYS Department of Labor recognizes quitting due to workplace harassment as good cause. You'll need witness statements if any coworkers saw this happen, copies of any written complaints you made, and documentation of the hostile behavior with dates and times.

I had a similar situation and getting through to NYS Department of Labor to explain everything was impossible. I kept getting disconnected when calling. A friend told me about this service called Claimyr (claimyr.com) that helps you actually reach an agent. There's a demo video at https://youtu.be/qyftW-mnTNI showing how it works. It was so much easier than trying to call myself and I could actually explain my hostile work environment situation properly.

Appeal the denial immediately! You have 30 days from the determination date. For hostile work environment you need to prove the conditions were objectively unreasonable and that you had no choice but to quit. The age comments alone might be enough if you can document them properly.

ugh the whole system is so backwards... you shouldnt have to prove you were miserable enough to deserve help paying bills

Keep pushing on this! I know someone who won their appeal for similar circumstances. The key was showing a pattern of harassment and that they tried to address it through proper channels first. Your emails to the district manager should help a lot.

Document everything you can remember with specific dates, times, and witnesses. For hostile work environment claims, NYS DOL wants to see that the situation was "intolerable to a reasonable person." The age-related comments are particularly important - write down exactly what was said and when. Also gather any text messages, emails, or written schedules showing the constant changes. If you have any coworkers who witnessed the yelling or discriminatory comments, ask them to write brief statements. The fact that you complained to the district manager twice and have email proof shows you tried to resolve it internally, which strengthens your case significantly.

The age discrimination angle is really important here - those comments about the job being "too fast-paced for someone like you" could constitute age-based harassment under NY Human Rights Law. When you appeal, make sure to emphasize that this wasn't just general workplace conflict but targeted harassment based on your protected characteristic (age). Also, the constant schedule changes without notice could be seen as creating deliberately impossible working conditions. NYS DOL has been more receptive to constructive discharge cases lately, especially when there's evidence of discrimination. Since you have the emails to district management showing you tried to resolve it, that really helps establish you didn't just quit impulsively. Good luck with your appeal!