If I quit a job can I get unemployment benefits from NYS Department of Labor?
I've been working at this retail job for about 8 months but the management is absolutely terrible and I'm thinking about quitting. The scheduling is inconsistent, they keep cutting my hours, and my supervisor has been really hostile lately. I know people say you can't get unemployment if you quit, but I've heard there might be exceptions? Does anyone know if NYS Department of Labor considers hostile work environment as good cause? I really need to leave this place but I can't afford to be without income while I look for something else.
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Teresa Boyd
You can potentially qualify for unemployment benefits if you quit for "good cause" but it's not easy to prove. NYS Department of Labor requires substantial evidence that you had no reasonable alternative but to quit. Hostile work environment can qualify, but you'll need documentation - written complaints to HR, emails, witness statements, etc. The burden of proof is on you during the adjudication process.
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Landon Morgan
•What kind of documentation would be strongest? I haven't filed any formal complaints yet but I have some text messages from coworkers about incidents.
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Lourdes Fox
honestly i quit my last job because my boss was a nightmare and i got denied for unemployment. they said i should have tried to work it out first or file complaints with HR. even though the place was toxic as hell the NYS Department of Labor didn't care
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Bruno Simmons
•That's because you need to exhaust all reasonable remedies before quitting. You can't just quit because you don't like your boss - you have to show you tried to resolve the situation first. Document everything, file formal complaints, request transfers if possible. Only then might NYS Department of Labor consider it good cause.
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Aileen Rodriguez
I went through something similar last year and the whole adjudication process was a nightmare. Even with documentation, they grilled me about why I didn't try harder to fix things at work. Make sure you have a paper trail of EVERYTHING before you quit. And be prepared to wait weeks for a decision.
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Landon Morgan
•How long did your adjudication take? I'm worried about being without income for months while they decide.
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Aileen Rodriguez
•Mine took about 6 weeks, and that was considered fast. Some people wait 2-3 months. If you do quit, file your claim immediately even if you think you might get denied - the sooner you start the process the better.
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Zane Gray
Before you quit, try calling NYS Department of Labor directly to discuss your situation. I know their phone lines are always busy, but I actually used a service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have this video demo at https://youtu.be/qyftW-mnTNI that shows how it works. The agent was able to explain exactly what documentation I'd need for a good cause quit before I made any decisions.
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Landon Morgan
•That's really helpful, thank you! I had no idea there was a way to actually talk to someone at NYS Department of Labor without waiting on hold forever.
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Maggie Martinez
just want to add that even if you do get approved for quitting with good cause, there might be a longer waiting period before benefits start. and you'll still need to do job search activities and file weekly claims. the whole system is designed to make it as difficult as possible
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