If I quit my job can I collect unemployment - NYS Department of Labor eligibility question
I'm thinking about quitting my current retail job because my manager has been scheduling me for only 8-10 hours per week for the past month, which isn't enough to cover my rent. Before I do anything stupid, I need to know - if I quit my job can I collect unemployment benefits through NYS Department of Labor? I've been working there for almost 2 years and never filed for UI before. I don't want to mess this up and be left with no income at all. Does anyone know the rules about this?
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Connor O'Brien
Generally speaking, if you voluntarily quit your job, you won't be eligible for unemployment benefits through NYS Department of Labor. However, there are some exceptions called 'good cause' reasons. Significant reduction in hours might qualify as constructive dismissal. You'd need to document the hour reduction and show it was substantial compared to your normal schedule. Keep records of your schedules and any communication about the hour cuts.
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StarSailor
•What counts as substantial? I went from 35-40 hours to 8-10 hours. That seems pretty major to me but I don't know if NYS Department of Labor would see it that way.
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Yara Sabbagh
Ugh same thing happened to me last year!! They cut my hours so bad I couldn't afford gas to get to work. I quit and applied for unemployment anyway - worst case they say no right?? But I think if you can prove they basically forced you out by cutting hours its different than just quitting cause you hate your boss
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Connor O'Brien
•You're right that hour reduction can qualify, but you need to file properly. NYS Department of Labor will review your case during adjudication to determine if it was constructive dismissal versus voluntary quit.
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Keisha Johnson
Before you quit, try calling NYS Department of Labor to get through to an agent who can explain your specific situation. I spent weeks trying to reach them with the regular number getting busy signals constantly. Finally used claimyr.com to get connected - they have this system that calls for you until they reach an actual person at NYS Department of Labor. Worth checking out their demo video at https://youtu.be/qyftW-mnTNI to see how it works. Getting real advice from an agent before you quit could save you a lot of headaches later.
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StarSailor
•Never heard of that service but might be worth trying. I really don't want to make the wrong decision here.
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Paolo Rizzo
You need to be super careful about this. If NYS Department of Labor determines you quit without good cause, you'll be disqualified from benefits entirely. Even if you think you have good cause, they might disagree during the adjudication process. Document everything - your normal hours, the reduced hours, any emails or conversations about scheduling, financial impact, etc.
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QuantumQuest
•This is making me nervous - what if they cut my hours but I stay and just suffer through it? Would I be better off waiting to get fired instead?
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Amina Sy
honestly the unemployment system is so messed up right now i wouldn't count on getting benefits either way... my friend quit for good cause and still had to appeal and wait months for her money
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Connor O'Brien
•Appeals do take time, but if you have legitimate good cause and proper documentation, you can win. The key is building a strong case before you quit.
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